Smyrna Construction Dispute Lawyers

Find the right Construction Dispute attorney in Smyrna, TN

Construction Dispute Law in Tennessee

Landowners and contractors in Smyrna, 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.

Litigation of a Smyrna, Tennessee 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 Smyrna, 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: Contractors can be on the other side of legal disputes, as well. Sometimes, the landowners who hired them refuse to pay. This is normally because the landowner believes that the contractor didn't perform under the terms of the contract, or that the work was unsatisfactory. If this is the case, it may ultimately be up to a court to decide who is right. If the contractor did, in fact, do poor work, the landowner will be excused, at least in part, from his duty to pay. If, on the other hand, the work was satisfactory, the court will order the landowner to pay the contract price immediately, and may award additional damages if the refusal to pay was done in bad faith, or if it caused foreseeable economic harm to the contractor.

Subcontractor Disputes: In large projects, contractors often can't handle every aspect of the construction, so they hire other (normally smaller) contractors to do some specialized work for them, such as plumbing, electrical installations, and the like. The general contractor, however, is responsible to the owner for anything that goes wrong. If a subcontractor messes up, and the owner sues the contractor, the contractor will have to pay. However, the contractor can then go after the subcontractor to recover whatever he had to pay.

Mechanic's Lien: When a contractor wins a lawsuit against a client for nonpayment of the contract price, and the client still refuses to pay, there is a problem: a monetary judgment means next to nothing if it can't be enforced. To solve this problem, the mechanic's lien has been developed. Basically, if a landowner refuses to pay a contractor, even in the face of a court order, the court can force a sale of the property that the contractor worked on, along with all the improvements on it, and then give the proceeds to the contractor, to secure payment.

Can a Smyrna, Tennessee Attorney Help?

Construction disputes can be time-consuming and costly. Hiring a brilliant Smyrna, Tennessee real estate attorney can make it much easier to deal with such disputes, and help you avoid litigation, or prevail if litigation becomes necessary.

Talk to a Real Estate Law Attorney now!

Life in Smyrna

Smyrna, Tennessee is a town with a population of close to 40,000 residents. Smyrna is comprised of 23 square miles, and originally began as an agrarian community. The Smyrna airport, makes it easy for travelers to fly directly into the city.

Smyrna is best known for its role in the Civil War. The city, with it's strategic location between two major posts (Nashville and Chattnooga) saw a lot of action. The 160-acre Sam Davis plantation is located in Smyrna, and commemorates the death of the Confederate hero in Smyrna. There is still a military presence in Smyrna today, with the Stewart Air Force Base, and the Tennessee National Guard both located in Smyrna.

In addition to a military presence, Smyrna also has a Nissan Motors plant within the city, a popular place for many residents to work.

Located in Rutherford County, Smyrna lawyers serve their city and the surrounding areas, helping their client with a range of legal issues. Smyrna lawyers are skilled in a range of specialties and available to help their neighbor today!

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