Rochester Construction Dispute Lawyers

Construction Dispute Law in New York

Owners of real estate in Rochester, New York often 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 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 usually 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 Rochester, New York can be extremely time-consuming, stressful, and costly. Nevertheless, there are (relatively rare) occasions where it is the only option.

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

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

Owner's refusal to pay: if the contractor finishes a project to specifications, and the owner of the property doesn't pay the contractor, the contractor will most likely file a lawsuit to recover the agreed-upon price. In such cases, the owner will usually argue that the contractor's work wasn't of acceptable quality. In these cases, the court must decide who first breached the contract. In these cases, it's the party who did not breach first who wins the lawsuit. If the court finds that the contractor breached the contract through sub-quality work product, the owner will not be liable for payment (though he may have to pay for materials and labor), and if the court finds that the construction was acceptable, the owner has to pay, because he is the party in breach.

Subcontractor Disputes: With very large construction projects, general contractors don't always have the resources to do all the work themselves, so they hire other contractors to do some of the work for them. However, it is the general contractor who is ultimately responsible to the owner for the satisfactory completion of the project. So, it is very necessary to the general contractor that subcontractors do a good job. If the subcontractor causes a delay or other problem, and the owner sues the general contractor as a result, the general contractor can then go after the subcontractor to recover whatever it lost in the lawsuit.

Mechanic's Liens: A mechanic's lien is a way for a contractor to secure payment if a landowner refuses to pay. In such cases, if the contractor sues and wins, he or she can sometimes impose a mechanic's lien on the property he or she just worked on. This allows the contractor to force a sale of the property to cover the judgment. It is usually used when other attempts to secure payment fail.

Can a Rochester, New York Attorney Help?

Disputes over construction delays or defects can be extremely taxing. Therefore, getting an experienced Rochester, New York real estate attorney might mean the difference between success or failure in your business ventures.

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Life in Rochester

Rochester is the second largest regional economy in the State of New York and the seat of Monroe County. They city's had a number of different names bestowed upon it such as "the World's Image Centre," "the Flour City," "and more recently, "the Flower City."

Annual Festivals like the Rochester International Jazz Festival, Rochester-High Falls International Film Festival, ImageOut, Lesbian Gay Film Video Festival, and the Lilac Festival are all attractions bring an average of 500,000 visitors to the city. Many of them take place at the Dryden and Little Theatres. The St. Patrick's Day, Rose Festival, Irish, Greek, Gay Pride, Puerto Rican, and Cold Rush Winter Celebration parades are held in the downtown district of Rochester.

Additional tourist attractions include the George Eastman House International Museum of Photography and Film that is the World's oldest photography museum and the Blue Cross Arena at the War Memorial which is the main venue for hockey and lacrosse events. The Blue Cross Arena is home to the Rochester Americans hockey team, Rochester Razorsharks basketball team, and the Knighthawks lacrosse team. The Blue Cross Arena was elected the location for the NCAA Division I Men's ice hockey league and was host to the 2007 NCAA Men's Division I Ice Hockey East Regional.

Residents of Rochester enjoy access to a number of bar certified local lawyers. Rochester lawyers regularly practice in local courts and many have specific areas of expertise. If you've been injured, have an immigration issue, or even just want to secure your will, Rochester lawyers can advise you on different options of which you may not be aware.

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Construction Dispute Law in New York

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