Rochester Hills Construction Dispute Lawyers

Find the right Construction Dispute attorney in Rochester Hills, MI

Construction Dispute Law in Michigan

When the owner of some real estate and a contractor enter an agreement for a construction project in Rochester Hills, Michigan, be it a house, landscaping project, or wide office building, there's always a chance that issues will come up, no matter how careful everyone is. A few minor setbacks are almost inevitable, in fact.

In the majority of cases, it's possible for landowners and contractors to resolve disagreements amicably. There are many ways to do this, such as a simple verbal agreement to lower the contract price due to a mistake made by the contractor, for example, or an agreement to a slight price increase in the event of unforeseen obstacles beyond the control of either party.

Even if disagreements can't be resolved amongst the parties to the contract, they don't need to take their dispute into the court system. For instance, construction contracts usually call for mediation or arbitration before any disputes are resolved by the courts. Mediation is a process by which a third party serves as a sort of intermediary in settlement negotiations between the parties to the contract. The mediator can help keep negotiations on track, and suggest possible solutions the parties might not have thought of. The mediator can't issue a binding decision, however. Arbitration is a procedure through which the parties agree to have their dispute resolved by a third party, which can render a binding decision. Arbitration can be quicker and cheaper than litigation, and it has some other advantages, as well.

Litigation of construction disputes in Rochester Hills, Michigan can be extremely time-consuming, stressful, and costly. Nevertheless, there are (relatively rare) occasions where it is the only option.

Examples of Construction Disputes That Might Lead to Litigation in Rochester Hills, Michigan

Delays: If the contractor is culpable in a major delay in a construction project (a delay of weeks or months, for example), a lawsuit could result. If the contract particularly states that completion by a certain date is very important, or the builder has a good reason to know this, a court will often award the owner compensation for any economic harm caused by a delay.

Refusal to Pay: Contractors can be on the other side of legal disagreements, as well. Sometimes, the landowners who hired them refuse to pay. This is usually because the landowner believes that the contractor didn't perform under the terms of the contract, or that the work was unsatisfactory. If this is the case, it may ultimately be up to a court to decide who is right. If the contractor did, in fact, do poor work, the landowner will be excused, at least in part, from his duty to pay. If, on the other hand, the work was satisfactory, the court will order the landowner to pay the contract price immediately, and may award further damages if the refusal to pay was done in bad faith, or if it caused foreseeable economic harm to the contractor.

Subcontractor Disputes: With very large construction projects, general contractors don't always have the resources to do all the work themselves, so they hire other contractors to do some of the work for them. Nonetheless, it is the general contractor who is ultimately responsible to the owner for the satisfactory completion of the project. So, it is very necessary to the general contractor that subcontractors do a good job. If the subcontractor causes a delay or other issue, and the owner sues the general contractor as a result, the general contractor can then go after the subcontractor to recover whatever it lost in the lawsuit.

Mechanic's Lien: When a contractor wins a case against a client for nonpayment of the contract price, and the client still declines to pay, there is a problem: a monetary judgment means next to nothing if it can't be enforced. To solve this problem, the mechanic's lien has been developed. Essentially, if a landowner refuses to pay a contractor, even in the face of a court order, the court can force a sale of the property that the contractor worked on, along with all the improvements on it, and then give the funds to the contractor, to secure payment.

Can a Rochester Hills, Michigan Attorney Help?

Disputes over construction delays or defects can be extremely taxing. Therefore, getting an experienced Rochester Hills, Michigan real estate attorney might mean the difference between success or failure in your business ventures.

Talk to a Real Estate Law Attorney now!

Life in Rochester Hills

Rochester Hills is one of Michigan's most affluent cities. It is located northeast of Oakland County, and is home to around 71,000 people.

Some known areas include Rochester College, Oakland University, Meadow Brook Hall, the Dodge-Wilson estate, and the Auburn Hills neighborhood.

The top employers include the school district, Crittenton Hospital, FANUC Robotics, Wrights Filippis, Webasto Roof Systems, Volkswagen, Dura Automotive Systems, and the Henry Ford Health System.

Rochester Hills is also filled with many wonderful parks. Such parks include Paint Creek Trail, Borden Park, Bloomer Park, Avondale Park, Allen Park, and Riverbend Park. For nature lovers, these beautiful parks serve as a great reason to visit.

The area is also filled with some attorneys who practice law with great devotion and a sense of service. These attorneys are not only competent, but also well-connected. Thus, the legal needs of residents and/or businesses will always be taken care of.

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