Charlotte Construction Dispute Lawyers

Construction Dispute Law in North Carolina

Owners of real estate in Charlotte, North Carolina often contract with other parties ("contractors") for construction on the property they own. Such projects are likely to suffer at least a few minor setbacks, and any project also carries the risk of major setbacks, delays, or unexpected costs.

Usually, contractors and landowners can resolve minor disputes amongst themselves, without having to resort to litigation. Often, construction contracts contain built-in remedies for mistakes and delays that can be easily corrected, such as payments to the owner for every day the project is delayed.

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 avenue 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 benefits 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).

Litigation of a Charlotte, North Carolina construction dispute is never something that anyone wants to do. Nonetheless, there are sometimes no other avenues.

Examples of Construction Disputes That Might Lead to Litigation in Charlotte, North Carolina

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.

Subcontractors: With big construction projects, contractors usually hire other, smaller contractors to do some of the work for them. This is usually work of a specialized nature, which the general contractor isn't equipped to handle (such as plumbing or electrical wiring). The general contractor is the one who is responsible for the satisfactory completion of the project. If a subcontractor makes a mistake, or causes a delay, the general contractor is ultimately liable to the person who hired them. Nonetheless, if they are sued for the mistakes of a subcontractor, and lose, they can then sue the subcontractor to recover their losses.

Mechanic's Lien: If the contractor wins in a case against the land owner, and the court orders the owner to pay the contractor for services rendered, the contractor needs a way to secure payment, if the owner refuses. In some cases, a mechanic's lien allows the contractor to force the sale of the land, and any improvements to it, in order to secure payment for the services it provided.

Can a Charlotte, North Carolina Attorney Help?

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

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Life in Charlotte

Charlotte, North Carolina is the seventeenth largest city in the U.S. with a population of approximately 1,754, 524. What is interesting is that Charlotte has become a major financial center in the U.S. being the second largest banking center in the country after New York City. That being said, it is natural that Charlotte has a strong legal presence. Charlotte is filled with many law firms that practice in all areas of law. Thus, Charlotte residents will always have their legal needs met with sharp attorneys and competent law firms.

If one wants to take a break from the financial and legal industry, there are a lot of attractions to see! Popular attractions include the US National Whitewater Center, the NASCAR Hall of Fame, the Levine Museum of the New South, Mint Museum Uptown, UNC Botanical Gardens, Charlotte Museum of History, and the Charlotte Bobcats Arena. Evidently, Charlotte has something for everyone and is definitely a place worth visiting.

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Construction Dispute Law in North Carolina

Examples of Construction Disputes That Might Lead to Litigation in Charlotte, North Carolina