Elmont Construction Dispute Lawyers

Construction Dispute Law in New York

Owners of real estate in Elmont, 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 disputes 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 disputes 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.

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

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

Delays: Some minor delays in a construction project are all but guaranteed to occur. Normally, if contracts require a specific completion date, the contractor will give itself longer than the project would take under ideal circumstances, to account for possible delays. Additionally, construction contracts usually attempt to insure against delays, such as imposing fees on contractors if the project is delayed beyond a certain point. If no such clause is included in a contract, a court will usually award the client damages that could have been reasonably anticipated at the time the contract was entered into.

Owner's Refusal to Pay: If the contractor completes the project, and the owner refuses to pay the agreed-upon price, the contractor will normally file a lawsuit to recover what is owed. Of course, the owner will normally claim that there is a good reason for not paying, arguing that the contractor didn't conform to the project's specifications, or that the quality of construction was unacceptably poor. In such a case, the court will have to determine if the contractor actually breached the contract by doing shoddy work, which could, at least in part, excuse the owner's duty to pay.

Subcontractors: Subcontractors are hired by general contractors to assist them in large construction projects, normally 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: 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. Basically, 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 Elmont, 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 essential, and an Elmont, New York construction disputes attorney can be of great help.

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Life in Elmont

Elmont, New York is an unincorporated community Nassau County, New York. It is a suburb and bedroom community (a community that is almost entirely residential, populated in large part by people who commute to a nearby, larger, city for their jobs) of New York City. Its population is estimated at about 33,000. The community now known as Elmont can trace its roots back to a land purchase in 1650. Dutch colonists established New Amsterdam in the region, and the colony was eventually transferred to the English, who renamed it "New York." In 1905, the Elmont became home to the Belmont Race Track, which is a major venue for horse racing, and hosts one of the legs of the Triple Crown. During the economic boom following WWII, attractive suburban tract homes began springing up in Elmont, which is largely how it adopted its current role as a residential suburb of New York City. Modernly, Elmont, New York is an extremely diverse city, with roughly equal parts of its population (about 40% each) being African-American and white. It also has significant concentrations of several other ethnicities and cultures, reflecting the diversity of New York, and the U.S. as a whole. Elmont, New York attorneys are numerous, and the selection of attorneys in the greater New York City area is practically unlimited. If you're facing a legal issue, it's very like that an Elmont, New York lawyer can help.

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Construction Dispute Law in New York

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