Saginaw Construction Dispute Lawyers

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Construction Dispute Law in Michigan

When the owner of some real estate and a contractor enter an agreement for a construction project in Saginaw, Michigan, be it a house, landscaping project, or huge office building, there's always a chance that problems 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 disputes 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 typically 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 process through which the parties agree to have their dispute resolved by a third party, which can render a binding decision. Arbitration can be faster and cheaper than litigation, and it has some other advantages, as well.

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

Examples of Construction Disputes That Might Lead to Litigation in Saginaw, 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 specifically states that completion by a specific 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: Disputes can also arise from a client's refusal or inability to hold up his end of the deal. Sometimes, once a project is complete, or nearly so, a landowner will express an unwillingness to pay the contractor for his services. There might be a variety of reasons for this - sudden loss of money, or dissatisfaction with the quality of the work are a few examples. It's rare that a client will refuse to pay a contractor simply because they don't feel like it (and if that is the reason, they'll typically come up with a better one to argue in court). In these cases, a court will sometimes have to decide if the client is obligated to pay the full price. If the work was, indeed, not up to the standards laid out in the contract, the contractor is not entitled to the full price, but is still entitled to the actual value of the work, even if it's considerably less than the contract price.

Subcontractor Disputes: With very considerable 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. However, 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 problem, 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 Liens: Sometimes, when a contractor wins in a lawsuit against the landowner who hired him or her, and obtains a court order for payment, the contractor will still refuse to pay. Since a money judgment isn't worth much without a way to enforce it, the laws of many states have evolved to permit what's known as a "mechanic's lien." As a last resort, if a landowner refuses to pay the contractor for work done on the property, the contractor can force a sale of the property, and keep the proceeds, up to the amount of money owed.

Can a Saginaw, Michigan Attorney Help?

Construction disputes and disagreements can be very challenging to deal with alone. The assistance of a Saginaw, Michigan real estate attorney can make the process of dealing with these disputes much quicker and easier.

Talk to a Real Estate Law Attorney now!

Life in Saginaw

Saginaw, Michigan is a city in Saginaw County. It is the county seat. As of 2009, it has a population of about 55,000, down from nearly 62,000 in the year 2000.

The area now called Saginaw was inhabited by Native Americans for thousands of years before the arrival of European settlers. French traders and missionaries were the first Europeans to explore the area, arriving in the 1600s. The first permanent non-native settlement was established in 1815, and, like many early settlements in the region, served as a trading post.

Unfortunately, Saginaw has not been spared the economic hardship that has befallen much of the Midwest in recent decades. It has a high crime rate, and nearly 30% of the population lives below the poverty line.

Nonetheless, Saginaw is still a vibrant community, populated by thousands of people who love it. This shows in its locally-owned businesses to which customers are fiercely loyal, and entertainment venues featuring local artists.

Saginaw, Michigan also has a legal community that should be able to help a resident of the area with virtually any legal issue they're likely to face. If you live in Saginaw, Michigan and need legal advice, you should contact a Saginaw, Michigan attorney quickly.

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