Camden Construction Dispute Lawyers

Construction Dispute Law in New Jersey

Owners of real estate in Camden, New Jersey 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.

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 typically 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 process through which the parties agree to have their dispute resolved by a third party, which can render a binding decision. Arbitration can be faster and cheaper than litigation, and it has some other advantages, as well.

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

Examples of Construction Disputes That Might Lead to Litigation in Camden, New Jersey

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 specifically states that completion by a specific 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: 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 typically 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 considerably less than the contract price.

Subcontractors: Subcontractors are hired by general contractors to assist them in large construction projects, typically specialized tasks like installing plumbing. However, no matter how much of the work is performed by subcontractors, the general contractor (the one that the client actually hired to do the project) is liable to the landowner as if it were doing all the work itself. This basically means that, if a subcontractor messes up, the general contractor is the one who gets sued. But all is not lost in such a situation. If the general contractor has to compensate the owner because of the mistakes of a subcontractor, it can sue the subcontractor for whatever it had to pay to the landowner.

Mechanic's Lien: If the contractor wins in a lawsuit 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 permits 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 Camden, New Jersey Attorney Help?

Construction disputes and disagreements can be very challenging to deal with alone. The assistance of a Camden, New Jersey real estate attorney can make the process of dealing with these disputes much quicker and easier.

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Life in Camden

Camden is located across the Delaware River from Philadelphia, Pennsylvania. Specifically, it is located in Camden County, New Jersey. It is the twelfth largest city in the state. Sadly, the city is well-known because three of its mayors were jailed for corruption.

Popular sites for tourists include the Adventure Aquarium, Battleship New Jersey Museum and Memorial, Campbell's Field, Harleigh Cemetery which is popular because it is included in the National Register of Historic Places.

Top employers include L-3 Communications (Lockheed Martin), Rutgers University-Camden, Susquehanna Bank, Cooper University Hospital, and the City of Camden. The legal force is also present in Camden because many attorneys have established practices there. Thus, the legal needs of residents will always be tended to.

Famous residents include Donovin Darius, George Hegamin, Richard "Groove" Holmes, Robert S. MacAlister, Jim Perry, Mike Rozier, John F. Starr, Dajuan Wagner, and Walt Whitman.

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Construction Dispute Law in New Jersey

Examples of Construction Disputes That Might Lead to Litigation in Camden, New Jersey