Kansas City Construction Dispute Lawyers

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Construction Dispute Law in Missouri

When the owner of some real estate and a contractor enter an agreement for a construction project in Kansas City, Missouri, 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 overwhelming majority of instances, 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.

And even if disputes can't be resolved so easily, the courts still don't necessarily have to get involved. For example, a construction contract may require mediation before any further action is taken. Mediation is a process by which a third party tries to guide the parties to the dispute to a settlement. The mediator cannot, however, render any binding decision. Another option is arbitration. This is where the parties go to a private arbitration service, which can render a binding judgment (generally enforceable through contract law, as the parties agree in advance to abide by the arbitrator's decision). Arbitration has advantages over litigation, as the parties can have a say in choosing the arbitrator (allowing them to have their case arbitrated by an expert on construction disputes, for example).

Construction Dispute litigation in Kansas City, Missouri is usually time-consuming and expensive. But it is sometimes necessary, usually as a last resort.

Examples of Construction Disputes That Might Lead to Litigation in Kansas City, Missouri

Major Delays: If the contractor or a subcontractor is at fault in causing a large delay to a project (several months, for example), this may lead to a lawsuit. If the contract stated that time was of the essence for some reason (maybe the project was a new store that the owner hoped to open before the holiday shopping season, for example), a court can usually award the owner any damages that were caused by the 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 usually 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 significantly less than the contract price.

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, however, 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. However, the contractor can then go after the subcontractor to recover whatever he had to pay.

Mechanic's Liens: A mechanic's lien is a way for a contractor to secure payment if a landowner refuses to pay. In such cases, if the contractor sues and wins, he or she can sometimes impose a mechanic's lien on the property he or she just worked on. This allows the contractor to force a sale of the property to cover the judgment. It is usually used when other attempts to secure payment fail.

Can a Kansas City, Missouri Attorney Help?

If you have a construction dispute, you should first try to resolve it amicably with the other party. If this fails, it is almost always necessary to hire a Kansas City, Missouri construction disputes attorney, who can advise you on the next steps in the process.

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Life in Kansas City

Kansas City, Missouri is probably best known for its barbeque and Civil War history. "Kansas Citians" enjoy access to some of the best museums around. The Irish Museum and Cultural Center, the Nelson-Atkins Art Museum, the Liberty and World War I Memorial, and the American Jazz Museum are all located within Kansas City limits. A number of outstanding examples of Art Deco style and Frank Lloyd Wright architecture can be found throughout the city. The Power and Light Building and Community Christian Church are just two examples.

Kansas City is passionate about food. Kansas City barbeque is best known for its molasses which gives a sweeter taste. Gates and Sons Bar-B-Q was opened in 1946 and serves as the standard in original Kansas City style barbeque. Most people know Kansas City as "KC" like Rich Davis' sauce sensation: KC Masterpiece. The Sprint Center opened in 2007 and hosts Kansas City Chiefs football and Royals major league baseball games. You may not be aware that Kansas City has over 200 fountains. Second most in the entire world after Rome, Italy. Country Club Plaza is designed to look like Seville, Spain and was the first to offer accommodations for people arriving by automobile. "The Plaza" was constructed in 1922 and today is known best for it's colored light display and upscale shopping.

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