Hempstead Construction Dispute Lawyers

Construction Dispute Law in New York

Owners of real estate in Hempstead, New York 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.

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 a Hempstead, New York construction dispute is never something that anyone wants to do. Nonetheless, there are sometimes no other options.

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

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

Owner's Refusal to Pay: If the contractor completes the project, and the owner refuses to pay the agreed-upon price, the contractor will typically file a lawsuit to recover what is owed. Of course, the owner will typically 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.

Subcontractor Disputes: In large projects, contractors often can't handle every aspect of the construction, so they hire other (typically smaller) contractors to do some specialized work for them, such as plumbing, electrical installations, and the like. The general contractor, however, is responsible to the owner for anything that goes wrong. If a subcontractor messes up, and the owner sues the contractor, the contractor will have to pay. However, the contractor can then go after the subcontractor to recover whatever he had to pay.

Mechanic's Liens: Sometimes, when a contractor wins in a lawsuit against the landowner who hired him or her, and obtains a court order for payment, the contractor will still refuse to pay. Since a money judgment isn't worth much without a way to enforce it, the laws of many states have evolved to permit what's known as a "mechanic's lien." As a last resort, if a landowner refuses to pay the contractor for work done on the property, the contractor can force a sale of the property, and keep the proceeds, up to the amount of money owed.

Can a Hempstead, New York Attorney Help?

Construction disputes can be time-consuming and costly. Hiring a knowledgeable Hempstead, New York real estate attorney can make it much easier to deal with such disputes, and help you avoid litigation, or prevail if litigation becomes necessary.

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Life in Hempstead

Hempstead comprises one third of the municipalities in Nassau County and is situated in the southeast. Hempstead is much larger than nearby Buffalo playing host to 756,000 New York residents. It is the 14th most populous city in the State of New York. The Town of Hempsead is the 47th largest employer in Long Island with 2,000 employees. The Village of Hempstead is incorporated within the Town of Hempstead that also includes a total of 22 villages and 37 hamlets. There are many lawyers living in Hempstead. Those lawyers are familiar with Nassau County courts and procedures in many different areas of law.

Hempstead plays host to a number of outstanding parks and recreational areas including the Hempstead Lake State Park, Valley Stream State Park, and Jones Street State Park. The New York State Parks in the Town of Hempstead incorporate fishing areas, covered picnic areas, tennis courts, sports fields, boat launches, hiking, and nature trails. In the winter ice fishing, ice skating, cross-country skiing, and snowmobiling are just a few of the activities offered by state parks in Hempstead.

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Construction Dispute Law in New York

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