Austin Construction Dispute Lawyers

Construction Dispute Law in Texas

Landowners and contractors in Austin, Texas 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, 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, typically requiring the party that causes a delay or other problem to pay the other party a set fee.

Even if the parties can't easily resolve their disputes, and someone else needs to intervene, that somebody doesn't always need to be a judge or jury. Many construction disputes call for mediation, during which a neutral third party helps the parties to the dispute negotiate a settlement. They might also go through arbitration, during which a third party renders a binding decision.

Because of the large cost in time and money involved, litigation in Austin, Texas is considered a last resort. However, in rare cases, it does become necessary.

Examples of Construction Disputes That Might Lead to Litigation in Austin, Texas

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.

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 typically 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 considerably less than the contract price.

Subcontractor Disputes: With very considerable construction projects, general contractors don't always have the resources to do all the work themselves, so they hire other contractors to do some of the work for them. However, it is the general contractor who is ultimately responsible to the owner for the satisfactory completion of the project. So, it is very necessary to the general contractor that subcontractors do a good job. If the subcontractor causes a delay or other problem, and the owner sues the general contractor as a result, the general contractor can then go after the subcontractor to recover whatever it lost in the lawsuit.

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 Austin, Texas Attorney Help?

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

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Life in Austin

Austin, Texas is known as one of the best cities in Texas because there is a lot to do! Austin is the fourth largest city in Texas with a population of about 790,390. Also known for being the thirty-fifth largest metropolitan area in the United States, Austin has attractions for tourists of all types.

Popular attractions include Congress Avenue, Zilker Metropolitan Park, State Capital, Austin Nature Science Center, Mount Bonnell, Texas Military Forces Museum, Fall Creek Vineyards and Paramount Theatre. In all honestly, pages and pages could be written about the attractions in Austin. One really needs to go there to experience all the attractions and active vibe of the city. Austin is also home to many large multinational, international, mid-size, and small law firms. What does this mean? This means that any Austin resident and/or businesses have a large number of firms to choose from when seeking competent attorneys or law firms. This is a rare offering that not all metropolitan cities offer. Overall, from quality of life to industry, Austin is a great choice for visiting or living!

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Construction Dispute Law in Texas

Examples of Construction Disputes That Might Lead to Litigation in Austin, Texas