Rome Construction Dispute Lawyers

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Construction Dispute Law in New York

Owners of real estate in Rome, 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 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 normally 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 Rome, 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 Rome, 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: 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 normally 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 accountable 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.

Subcontractors: With big construction projects, contractors normally hire other, smaller contractors to do some of the work for them. This is normally work of a specialized nature, which the general contractor isn't equipped to handle (such as plumbing or electrical wiring). The general contractor is the one who is responsible for the satisfactory completion of the project. If a subcontractor makes a mistake, or causes a delay, the general contractor is ultimately liable to the person who hired them. However, if they are sued for the mistakes of a subcontractor, and lose, they can then sue the subcontractor to recover their losses.

Mechanic's Lien: If the contractor wins in a lawsuit 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 Rome, New York Attorney Help?

Construction disputes and disagreements can be very hard to deal with alone. The assistance of a Rome, New York real estate attorney can make the process of dealing with these disputes much quicker and easier.

Talk to a Real Estate Law Attorney now!

Life in Rome

Rome, New York is a city in Oneida County. As of the 2000 Census, Rome's population was about 35,000 people.

Starting with the Revolutionary War, and continuing for many years thereafter, the city of Rome was referred to as "Fort Stanwix" - because that military installation was the only building in the area at the time. The town changed its name to "Rome" sometime in the 1800s, though the exact time of this name change, and the reasons for it, are unknown. It is presumed to be named after the modern Italian city of Rome, or perhaps the ancient empire of the same name.

Construction of the Erie Canal, which eventually connected the Atlantic Ocean with the Great lakes,began in Rome, and led to its industrial ascension, thanks to the Canal's role in the industrialization of America. Today, Rome is home to one of the last examples of an unique natural habitat: sand plains. The Rome Sand Plains are a mosaic of sand dunes, peat bogs, and hardwood forest, creating a huge amount of biodiversity. The sand plains are a major draw for tourists, especially nature enthusiasts.

If you live in Rome, New York, and find yourself facing a legal problem, a Rome, New York attorney can help. Rome, New York lawyers are ready to handle just about any legal issue you might be facing.

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