Raleigh Construction Dispute Lawyers

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Construction Dispute Law in North Carolina

Owners of real estate in Raleigh, 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.

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 Raleigh, North Carolina 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 Raleigh, North Carolina

Delays in Construction: Delays are often points of contention between contractors and landowners. Contracts sometimes have clauses which explicitly state that the project needs to be completed by a certain date, or penalties will be imposed on the contractor (reduced payments, for example). However, if the contract doesn't contain such built-in remedies, or one party refuses to abide by them, litigation may be necessary. If a contractor causes a delay that it could have prevented, it will usually be liable to the landowner for any harm resulting from it.

Refusal to Pay: Disagreements 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 occasionally 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, 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 Raleigh, North Carolina Attorney Help?

Construction disputes can be time-consuming and costly. Hiring a reputable Raleigh, North Carolina real estate attorney can make it much easier to deal with such disputes, and help you avoid litigation, or prevail if litigation becomes necessary.

Talk to a Real Estate Law Attorney now!

Life in Raleigh

Raleigh is the capital of North Carolina and seat of Wake County. Raleigh is one of the three cities with Durham and Chapel Hill that's known as the "Research Triangle." It's known as such because North Carolina State University, Duke University and University of North Carolina Chapel Hill make up the three major research universities. As you may imagine, Raleigh is home then to a number of students and outstanding professors who are known internationally for their expertise. You may not know that Raleigh also has both historical and cultural attractions.

Raleigh is founded in 1792 and named for Sir Walter Raleigh who was a famous aristocrat and explorer. The Downtown region of Raleigh is home to lots of attractions like the North Carolina State Capital, North Carolina Museum of Natural Sciences, and Museum of History. For history buffs who want to learn more about the City of Raleigh, the Raleigh City Museum in the historic Briggs Hardware Building on Fayetteville Street offers an unique view inside the growth and roots of the ever changing city. Peace College, Shaw University, Wake Technical Community College, and Strayer University are a few of the institutions of higher learning available. There are over 8,100 acres of park land in Raleigh. That even includes a championship BMX racetrack, botanical gardens, arboretum, and 22 staffed community centers.

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