Duluth Construction Dispute Lawyers

Construction Dispute Law in Minnesota

When the owner of some real estate and a contractor enter an agreement for a construction project in Duluth, Minnesota, be it a house, landscaping project, or large 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 overwhelming majority of cases, however, these problems are resolvable, and do not lead to major disputes. Being rational, business-minded adults, landowners and construction contractors are usually able to resolve disputes amongst themselves. After all, both stand to gain if the project is completed, and the contractor is paid.

Even if a third party gets incorporated, it does not always need to be a court. Private mediators can assist the parties reach a settlement, or a private arbitrator who is an expert on construction litigation can render a binding decision, if mediation and negotiation fail and the parties can't resolve their dispute.

Litigation of construction disputes in Duluth, Minnesota 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 Duluth, Minnesota

Delays: Some minor delays in a construction project are all but guaranteed to occur. Usually, if contracts require a specific completion date, the contractor will give itself longer than the project would take under ideal circumstances, to account for possible delays. Furthermore, construction contracts usually attempt to insure against delays, such as imposing fees on contractors if the project is delayed beyond a certain point. If no such clause is included in a contract, a court will usually award the client damages that could have been reasonably anticipated at the time the contract was entered into.

Owner's Refusal to Pay: If the contractor completes the project, and the owner refuses to pay the agreed-upon price, the contractor will usually file a lawsuit to recover what is owed. Of course, the owner will usually claim that there is a good reason for not paying, arguing that the contractor didn't conform to the project's specifications, or that the quality of construction was unacceptably poor. In such a case, the court will have to decide if the contractor actually breached the contract by doing shoddy work, which could, at least in part, excuse the owner's duty to pay.

Subcontractor Disputes: In large projects, contractors often can't handle every aspect of the construction, so they hire other (usually smaller) contractors to do some specialized work for them, such as plumbing, electrical installations, and the like. The general contractor, nonetheless, is responsible to the owner for anything that goes wrong. If a subcontractor messes up, and the owner sues the contractor, the contractor will have to pay. Nonetheless, the contractor can then go after the subcontractor to recover whatever he had to pay.

Mechanic's Liens: Sometimes, when a contractor wins in a case 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 allow 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 Duluth, Minnesota Attorney Help?

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

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Life in Duluth

Duluth, Minnesota is the fourth-larges city in the state, with a population of about 85,000. It is the county seat of St. Louis County. It is located on the north shore of Lake Superior, the largest of the Great Lakes.

Various Native American tribes have lived in the area now known as Duluth for thousands of years. The first permanent European settlement of Duluth was established in 1852, and discovery of significant deposits of copper and iron led to a land rush, creating rapid population growth.

Around the same time, newly-build channels linking the Great Lakes to the Atlantic Ocean allowed for large ships to access Duluth, further promoting economic growth.

During the first half of the 20th Century, Duluth, Minnesota underwent a major industrial boom, becoming an important center for steel manufacturing. However, by the 1970s, foreign competition began to seriously weaken the U.S. steel industry, leading to the closure of one of the major steel plants in the area.

More recently, Duluth, Minnesota has, with a good amount of success, transitioned into a tourism-based economy.

If you live in or near Duluth, Minnesota, chances are you can find a good lawyer for whatever legal problem you might have. Duluth, Minnesota lawyers are able to handle just about any case that walks through their door.

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Construction Dispute Law in Minnesota

Examples of Construction Disputes That Might Lead to Litigation in Duluth, Minnesota