Lakewood Construction Dispute Lawyers

Find the right Construction Dispute attorney in Lakewood, NJ

Construction Dispute Law in New Jersey

Owners of real estate in Lakewood, 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.

Litigation of construction disputes in Lakewood, New Jersey can be extremely time-consuming, stressful, and costly. Nevertheless, there are (relatively rare) occurrences where it is the only option.

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

Major Delays: If the contractor or a subcontractor is at fault in causing a considerable delay to a project (several months, for example), this may lead to a lawsuit. If the contract stated that time was of the essence for some reason (maybe the project was a new store that the owner hoped to open before the holiday shopping season, for example), a court can typically award the owner any damages that were caused by the delay.

Refusal to Pay: Contractors can be on the other side of legal disputes, as well. Sometimes, the landowners who hired them refuse to pay. This is typically 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 additional damages if the refusal to pay was done in bad faith, or if it caused foreseeable economic harm to the contractor.

Subcontractor Disputes: When a construction company is contracted to complete a large project, there is typically a great deal of specialized work to be done which they aren't equipped to handle. As a result, they hire other contractors, who, in this arrangement, are subcontractors, to do some of the work. However, the general contractor (the one that the landowner hired to do the work) is still responsible for the completion of the project - if a subcontractor causes a problem, the general contractor is on the hook for it. This sometimes leads to landowners suing general contractors for the mistakes of subcontractors. If the general contractor loses, and has to pay the client, the general contractor can then sue the subcontractor for whatever amount of money it had to pay.

Mechanic's Liens: If the contractor sues a land owner and wins, he will likely obtain a monetary judgment. If the owner refuses to pay, the contractor needs some way to recover. This is where the mechanic's lien comes into play. It permits a contractor to force the sale of the land or other real property that he just worked on, and use those proceeds to cover costs.

Can a Lakewood, New Jersey Attorney Help?

Construction disputes can be time-consuming and costly. Hiring a knowledgeable Lakewood, New Jersey 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 Lakewood

Lakewood, New Jersey is a township located in Ocean County. Its current population estimate is about 60,000 people.

In the early 1900s, Lakewood was a popular place for New Yorkers to visit in the winter, because it has an unique microclimate which makes it significantly warmer in the winter than surrounding areas. It is home to a lake, and large wooded areas, making it a popular place to visit year-round.

Modernly, portions of Lakewood are designated as Urban Enterprise Zones. These are special areas seen by the state government as being in need of economic development. Businesses are encouraged to open in these Zones through tax and regulatory breaks, and consumers are encouraged to buy goods and services because they have a lower sales tax rate than other parts of the state. The sales tax in these Enterprise Zones is half the statewide rate, which should serve as a major incentive for consumers to shop there.

If you live in or near Lakewood Township, New Jersey, there's a good chance that you'll be able to find a lawyer to handle virtually any legal issue you might be facing. Lakewood, New Jersey lawyers are well-trained and competent, and chances are good that there's at least one Lakewood, New Jersey lawyer who can handle whatever legal problem you present them with.

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