Bellevue Construction Dispute Lawyers

Find the right Construction Dispute attorney in Bellevue, NE

Construction Dispute Law in Nebraska

Owners of real estate in Bellevue, Nebraska commonly 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.

Most often, landowners and construction contractors are able to resolve minor to moderate disagreements between themselves, and litigation is rarely necessary. Nobody likes litigation, so, to this end, most construction contracts have built-in remedies in case something goes wrong, like set price reductions if construction is delayed.

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 a Bellevue, Nebraska 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 Bellevue, Nebraska

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 particular 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 normally 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 normally hire other, smaller contractors to do some of the work for them. This is normally 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 authorizes 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 Bellevue, Nebraska Attorney Help?

If you are involved in a dispute over a construction project, you should try to avoid litigation, and settle the matter as amicably as possible. However, litigation is sometimes crucial, and a Bellevue, Nebraska construction disputes attorney can be of great help.

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Life in Bellevue

Bellevue is the oldest city in the state of Nebraska. It was incorporated in 1855 and currently has a population of approximately 49,000 people. The city is part of Sarpy County. The word "Bellevue" is French for "beautiful view", as the city is rich in pristine forest areas. For example, Fontenelle Forest is located in Bellevue. It is a privately owned forest area containing 17 miles of trails suitable for hiking. The area has many views of the surrounding scenery including the Missouri River. Another popular tourist location is Hayworth Park, which has a walking trail that crosses many miles of Bellevue. The economy of Bellevue is currently fueled by expansions in the civilian sector. The commercial, residential, industrial, and construction industries are growing rapidly in the city of Bellevue. Offutt Air Force Base is also located near Bellevue. The base is headquarters for the Air Force Weather Agency, the 55th Air Combat Command Wing, and the U.S. Strategic Command (U.S. "Stratcom") Lawyers in Bellevue usually handle a variety of civil and criminal cases, as well as issues in family, real estate, and financial matters. Bellevue, Nebraska lawyers usually litigate their clients' cases at the Sarpy County Courthouse. More advanced cases are heard at the Sarpy County District Court.

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