Beaumont Construction Dispute Lawyers

Construction Dispute Law in Texas

Landowners and contractors in Beaumont, Texas often 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 disagreements 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, usually 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 disagreements 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 Beaumont, Texas is regarded a last resort. However, in rare cases, it does become necessary.

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

Delays: Some minor delays in a construction project are all but guaranteed to occur. Usually, if contracts require a specific completion date, the contractor will give itself longer than the project would take under ideal circumstances, to account for possible delays. Furthermore, construction contracts usually attempt to insure against delays, such as imposing fees on contractors if the project is delayed beyond a certain point. If no such clause is included in a contract, a court will usually award the client damages that could have been reasonably anticipated at the time the contract was entered into.

Owner's refusal to pay: if the contractor finishes a project to specifications, and the owner of the property doesn't pay the contractor, the contractor will most likely file a lawsuit to recover the agreed-upon price. In such cases, the owner will usually argue that the contractor's work wasn't of acceptable quality. In these cases, the court must decide who first breached the contract. In these cases, it's the party who did not breach first who wins the lawsuit. If the court finds that the contractor breached the contract through sub-quality work product, the owner will not be liable for payment (though he may have to pay for materials and labor), and if the court finds that the construction was acceptable, the owner has to pay, because he is the party in breach.

Subcontractors: Subcontractors are hired by general contractors to assist them in large construction projects, usually specialized tasks like installing plumbing. Nonetheless, 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 essentially 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 Lien: If the contractor wins in a case against the land owner, and the court orders the owner to pay the contractor for services rendered, the contractor needs a way to secure payment, if the owner refuses. In some cases, a mechanic's lien allows the contractor to force the sale of the land, and any improvements to it, in order to secure payment for the services it provided.

Can a Beaumont, Texas Attorney Help?

Construction disputes can be time-consuming and costly. Hiring a reputable Beaumont, 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 Beaumont

Beaumont, Texas is a city of about 118,000 people in Jefferson County, of which it is the county seat.

Beaumont, Texas is part of an area known as the "Golden Triangle," which is an area between Beaumont and two other cities, which is a major industrial sector along the Gulf Coast of Texas. One of the largest employers in Beaumont, Texas is the Port of Beaumont, which is the nation's 4th largest seaport by tonnage. It is also the second-largest military seaport in the entire world. A large transport battalion of the U.S. Army is headquartered at that port.

This port, and the businesses associated with it, employ thousands of blue-collar workers, but they also employ many administrative professionals, including Beaumont, Texas lawyers.

Thanks to its diverse economy, many Beaumont, Texas lawyers are highly skilled in a wide variety of practice areas. So, if you are in need of legal services, it's very likely that a Beaumont, Texas attorney can help you.

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Construction Dispute Law in Texas

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