Lincoln Construction Dispute Lawyers

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Construction Dispute Law in Nebraska

Owners of real estate in Lincoln, Nebraska frequently 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 disputes 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.

And even if disputes can't be resolved so easily, the courts still don't necessarily have to get engaged. 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 (usually 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).

Because of the large cost in time and money involved, litigation in Lincoln, Nebraska is considered a last resort. However, in rare cases, it does become necessary.

Examples of Construction Disputes That Might Lead to Litigation in Lincoln, Nebraska

Construction Delays: Delays in construction are prevalent sticking points between contractors and landowners. These delays can sometimes lead to litigation, especially if the construction contract makes it clear that time is an important factor, or if the contract mandates a certain completion date. In such situations, a court will often award the landowner compensation for any monetary losses he or she suffered as a result of the delay.

Owner's refusal to pay: if the contractor finishes a project to specifications, and the owner of the property doesn't pay the contractor, the contractor will most likely file a lawsuit to recover the agreed-upon price. In such cases, the owner will typically argue that the contractor's work wasn't of acceptable quality. In these cases, the court must decide who first breached the contract. In these cases, it's the party who did not breach first who wins the lawsuit. If the court finds that the contractor breached the contract through sub-quality work product, the owner will not be responsible for payment (though he may have to pay for materials and labor), and if the court finds that the construction was acceptable, the owner has to pay, because he is the party in breach.

Subcontractor Disputes: With very considerable construction projects, general contractors don't always have the resources to do all the work themselves, so they hire other contractors to do some of the work for them. However, it is the general contractor who is ultimately responsible to the owner for the satisfactory completion of the project. So, it is very crucial to the general contractor that subcontractors do a good job. If the subcontractor causes a delay or other problem, and the owner sues the general contractor as a result, the general contractor can then go after the subcontractor to recover whatever it lost in the lawsuit.

Mechanic's Lien: When a contractor wins a lawsuit against a client for nonpayment of the contract price, and the client still refuses to pay, there is a problem: a monetary judgment means next to nothing if it can't be enforced. To solve this problem, the mechanic's lien has been developed. Typically, if a landowner refuses to pay a contractor, even in the face of a court order, the court can force a sale of the property that the contractor worked on, along with all the improvements on it, and then give the proceeds to the contractor, to secure payment.

Can a Lincoln, Nebraska Attorney Help?

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

Talk to a Real Estate Law Attorney now!

Life in Lincoln

Lincoln is Nebraska's state capitol-a place filled with something to do for everyone! Lincoln has a large recreation center, great shopping malls, a huge golf course, and several playgrounds for children!

Moreover, Lincoln is home to many wonderful attractions filled with natural and historical beauty. Starting off, the State Capitol Building is described as the nation's first vernacular State Capitol. The building stands 400 feet tall, has four interior court yards, and an observation deck.

Many tours are offered daily, and last approximately thirty minutes.

For those who want to see even more history, the Historic Haymarket is a very popular Lincoln attraction. It has unique galleries, shops, and restaurants. The Historic Haymarket is the social hub of Lincoln, where people can go to socialize, relax, and just have a good time.

Alongside history, Lincoln is also rich in natural beauty. Antelope Park and The Sunken Gardens are a botanist's delight! Both have amazing rose gardens, gorgeous fountains perfect for that special Kodak moment, and breathtaking statues and sculptures.

Children especially love Lincoln because of the Lincoln Children's Zoo.

The Zoo has over 300 animals and a large botanical garden with over 400 species of plants!

The Zoo prides itself in its devotion to animal conservation and community education.

The Zoo also has a species survival program, where animal that are threatened and endangered are taken in and taken care of.

Being the capitol of Nebraska, Lincoln's legal market is full and flourishing.

Lincoln has many legal centers where legal aid is provided to those in need.

Additionally, Lincoln is filled with large, medium-sized, and small law firms in all practices of law.

Overall, the legal needs of anyone and everyone can be taken care of in Lincoln Nebraska.

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