Edmond Construction Dispute Lawyers

Construction Dispute Law in Oklahoma

Owners of real estate in Edmond, Oklahoma 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 overwhelming majority of cases, however, these problems are resolvable, and do not lead to major disputes. Being rational, business-minded adults, landowners and construction contractors are typically able to resolve disputes amongst themselves. After all, both stand to gain if the project is completed, and the contractor is paid.

And even if disputes can't be resolved so easily, the courts still don't necessarily have to get engaged. For example, a construction contract may require mediation before any further action is taken. Mediation is a process by which a third party tries to guide the parties to the dispute to a settlement. The mediator cannot, however, render any binding decision. Another avenue is arbitration. This is where the parties go to a private arbitration service, which can render a binding judgment (usually enforceable through contract law, as the parties agree in advance to abide by the arbitrator's decision). Arbitration has benefits over litigation, as the parties can have a say in choosing the arbitrator (allowing them to have their case arbitrated by an expert on construction disputes, for example).

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

Examples of Construction Disputes That Might Lead to Litigation in Edmond, Oklahoma

Delays: If the contractor is culpable in a major delay in a construction project (a delay of weeks or months, for example), a lawsuit could result. If the contract particularly states that completion by a specific date is very important, or the builder has a good reason to know this, a court will often award the owner compensation for any economic harm caused by a delay.

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 decide 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: When a construction company is contracted to complete a large project, there is typically 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 Liens: Sometimes, when a contractor wins in a case 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 Edmond, Oklahoma 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 crucial, and an Edmond, Oklahoma construction disputes attorney can be of great help.

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Life in Edmond

Edmond is located in Oklahoma County, with a population of around 81,400 people. In 2011, CNBC included Edmond on its "10 Perfect Suburbs" list. In 2007, it was also ranked amongst the "Top 100 Places to Live" by Relocated America.

Top employers include the school district, the City of Edmond, Pelco Products, Innovative Healthcare Systems, Remy International, Petra Industries, OU Medical Center, Adfitech, and the University of Central Oklahoma. The legal industry also has a strong presence in Edmond because many resident attorneys practice law in various areas. Therefore, residents and local businesses have no problems when needing legal guidance.

For all the nature-lovers, Edmond is home to some wonderful parks to visit. These parks include Brookhaven Park, Centennial Park, Chitwood Park, Dog Park, Fink Park, Gossett Park, Kelly Park, Ted Anderson Park, and Whispering Heights Park.

Some famous residents include Jim Beaver, Bob Ricks, Reggie Smith, Gil Morgan, Shannon Miller, Blake Griffin, Greyson Chance and Ekpe Udoh.

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Construction Dispute Law in Oklahoma

Examples of Construction Disputes That Might Lead to Litigation in Edmond, Oklahoma