Knoxville Construction Dispute Lawyers
Construction Dispute Law in Tennessee
Landowners and contractors in Knoxville, Tennessee commonly 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, the owners of land and contractors can end disputes before they get too serious, thus eliminating the need for litigation. Most contracts governing construction projects have built-in remedies for the most common problems, normally requiring the party that causes a delay or other problem to pay the other party a set fee.
Even if a third party gets involved, it does not always need to be a court. Private mediators can help the parties reach a settlement, or a private arbitrator who is an expert on construction litigation can render a binding decision, if mediation and negotiation fail and the parties can't resolve their dispute.
Litigating a construction dispute in Knoxville, Tennessee is definitely not something that anybody likes doing. However, it is sometimes necessary, as a last resort.
Examples of Construction Disputes That Might Lead to Litigation in Knoxville, Tennessee
Construction Delays: Delays in construction are frequent sticking points between contractors and landowners. These delays can sometimes lead to litigation, especially if the construction contract makes it clear that time is an important factor, or if the contract mandates a certain completion date. In such situations, a court will often award the landowner compensation for any monetary losses he or she suffered as a result of the delay.
Refusal to Pay: Disputes can also arise from a client's refusal or inability to hold up his end of the deal. Sometimes, once a project is complete, or nearly so, a landowner will express an unwillingness to pay the contractor for his services. There might be a variety of reasons for this - sudden loss of money, or dissatisfaction with the quality of the work are a few examples. It's rare that a client will refuse to pay a contractor simply because they don't feel like it (and if that is the reason, they'll normally come up with a better one to argue in court). In these cases, a court will sometimes have to decide if the client is obligated to pay the full price. If the work was, indeed, not up to the standards laid out in the contract, the contractor is not entitled to the full price, but is still entitled to the actual value of the work, even if it's substantially less than the contract price.
Subcontractors: Subcontractors are hired by general contractors to assist them in large construction projects, normally specialized tasks like installing plumbing. However, no matter how much of the work is performed by subcontractors, the general contractor (the one that the client actually hired to do the project) is liable to the landowner as if it were doing all the work itself. This basically means that, if a subcontractor messes up, the general contractor is the one who gets sued. But all is not lost in such a situation. If the general contractor has to compensate the owner because of the mistakes of a subcontractor, it can sue the subcontractor for whatever it had to pay to the landowner.
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 authorizes 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.
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Can a Knoxville, Tennessee Attorney Help?
Construction disputes and disagreements can be very hard to deal with alone. The assistance of a Knoxville, Tennessee real estate attorney can make the process of dealing with these disputes much quicker and easier.
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Life in Knoxville
Knoxville is the seat of Knox County and 3rd largest municipality in the State of Tennessee. That means a number of courts like Knox County and Tennessee State Courts are located in Knoxville. Likewise, Knoxville is home to some of Tennessee's most outstanding lawyers. Knoxville lawyers are familiar with local and Federal cases like bankruptcy, divorce, immigration, and personal injury lawsuits.
Aside from the legal business, Knoxville is home to some nationally known institutions that help attract people to the city. The University of Tennessee, the Department of Energy facility Oak Ridge National Labrotory, the National Transportation Research Center, the Tennessee Valley Authority, and a number of business' headquarters. Producers of Bonnaroo Music Festival AC Entertainment, the Pilot Corporation, Sea Ray, Brunswick Boat Group, and Scripps Networks Interactive (HGTV) are all headquartered in Knoxville. That could be why Forbes Magazine named Knoxville among the "top 10 metropolitan hotspots" and "top 5 business and career" cities in the United States.
Knoxville events and attractions encourage a number of tourists to visit each year. Blender magazine named Knoxville the 20 most rock and roll cities in America. It plays host to the 17 day long Dogwood Arts Festival, Kuumba Festival, and Boomsday, the largest Labor Day fireworks display in the United States.