Carmel Construction Dispute Lawyers

Construction Dispute Law in New York

Owners of real estate in Carmel, New York 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.

In the majority of cases, it's possible for landowners and contractors to resolve disagreements amicably. There are many ways to do this, such as a simple verbal agreement to lower the contract price due to a mistake made by the contractor, for example, or an agreement to a slight price increase in the event of unforeseen obstacles beyond the control of either party.

Even if the parties can't easily resolve their disputes, and someone else needs to intervene, that somebody doesn't always need to be a judge or jury. Many construction disagreements call for mediation, during which a neutral third party helps the parties to the dispute negotiate a settlement. They might also go through arbitration, during which a third party renders a binding decision.

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

Examples of Construction Disputes That Might Lead to Litigation in Carmel, New York

Delays in Construction: Delays are commonly 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 normally be liable to the landowner for any harm resulting from it.

Owner's refusal to pay: Contractors can also be the victims in construction disagreements. Sometimes, the person who hired them will refuse to pay the agreed-upon fee, or withhold a portion of it. This, without more, certainly constitutes breach of contract. However, in such cases, the owner will rarely go to court and say "I just didn't feel like paying, so I didn't." Rather, they will claim that they had a very good reason to withhold all or part of the payment, such as unsatisfactory work by the contractor. In these situations, the court has to determine if the owner has a valid reason for not paying. If it concludes that he or she does not, it will order the owner to pay the agreed-upon price.

Subcontractor Disputes: When a construction company is contracted to complete a large project, there is normally 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. Nonetheless, the general contractor (the one that the landowner hired to do the work) is still accountable 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 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 Carmel, New York 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 imperative, and a Carmel, New York construction disputes attorney can be of great help.

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Life in Carmel

Carmel, New York is a city in Putnam County, New York. As of the 2000 Census, its population is approximately 36,000 people.

Carmel, New York is home to the historic Putnam County Courthouse. It was built in 1814, and is still in use today, making it one of the oldest working courthouses in the United States.

Carmel is also the site of one of the many heroic sagas of the Revolutionary War, when Sybil Ludington rode through the area all night, warning of an impending British attack. She is often referred to as a female version of Paul Revere.

Carmel, New York is located about an hour's drive from New York City, the largest city in the United States, and many residents commute there for work.

Carmel, given its close proximity to the largest city in the country, is an option for families who want a quiet place to settle down, but don't want to keep the excitement of city life out of reach.

The legal profession of Carmel, New York is served by its close proximity to New York University, and Columbia University. Both of these universities have law schools which are considered to be among the best in the U.S. This means that the market in the area is very competitve for Carmel, New York lawyers.

If you have a legal problem, it's very likely that there is a Carmel, New York lawyer who can handle it.

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Construction Dispute Law in New York

Examples of Construction Disputes That Might Lead to Litigation in Carmel, New York