Columbia Construction Dispute Lawyers

Construction Dispute Law in South Carolina

Landowners and contractors in Columbia, South Carolina frequently contract with each other for major construction projects. With any large construction projects, some small delays or problems are all but inevitable, but they don't usually derail the project or lead to major disputes between the parties.

Most often, landowners and construction contractors are able to resolve minor to moderate disputes between themselves, and litigation is rarely necessary. Nobody likes litigation, so, to this end, most construction contracts have built-in remedies in case something goes wrong, like set price reductions if construction is delayed.

Even if someone else needs to get engaged to resolve a dispute, this does not automatically mean litigation is necessary. For example, the parties might attempt mediation, in which a neutral third party tries to help guide the parties to an agreement, but cannot render a binding decision himself. They might also agree to arbitration, during which a third party is able to render a binding decision. Arbitration is typically done through a private company, and may cost less than litigation, and is overseen by an arbitrator who is an expert in the relevant field.

Litigation of a Columbia, South Carolina 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 Columbia, South Carolina

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.

Subcontractors: With big construction projects, contractors typically hire other, smaller contractors to do some of the work for them. This is typically 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 Liens: If the contractor sues a land owner and wins, he will likely obtain a monetary judgment. If the owner refuses to pay, the contractor needs some way to recover. This is where the mechanic's lien comes into play. It permits a contractor to force the sale of the land or other real property that he just worked on, and use those proceeds to cover costs.

Can a Columbia, South Carolina Attorney Help?

Disputes over construction delays or defects can be extremely taxing. Therefore, getting an efficient Columbia, South Carolina real estate attorney might mean the difference between success or failure in your business ventures.

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Life in Columbia

Columbia, South Carolina is the state capital, and the largest city in the state. It has a population of about 130,000 people. Columbia has a rich history, and has figured prominently in important historical events dating back to before the Civil War. While being occupied by Union troops during the Civil War, much of Columbia was destroyed in a fire. During Reconstruction, as in many Southern states, numerous African Americans were elected to public office in South Carolina, which was a novelty to most Americans at the time. As a result, Columbia experienced a brief tourism boom, as visitors wanted to observe the state legislature in session. Modernly, Columbia, South Carolina is quite diverse in both demographics, and economy. Columbia is a major center for several industries, such as healthcare, manufacturing, insurance, and many others.

Columbia, South Carolina is also home to Fort Jackson, the U.S. Army's largest training facility, which has a major economic impact on the area. Each year, the federal government spends over million for salaries, utilities, and other services (with a significant amount going to local contractors). Furthermore, each year, over 100,000 people visit the area to attend basic training graduation, and patronize the local hotels, restaurants, and retail outlets.

Columbia, South Carolina lawyers need to be competent to handle many different types of cases. If you contact a Columbia, South Carolina lawyer with any type of case, chances are they cantake it, or refer it to another local attorney who can.

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Construction Dispute Law in South Carolina

Examples of Construction Disputes That Might Lead to Litigation in Columbia, South Carolina