El Paso Construction Dispute Lawyers

Construction Dispute Law in Texas

Landowners and contractors in El Paso, 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 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, 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 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.

Litigation of an El Paso, Texas 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 El Paso, Texas

Delays in Construction: Delays are often 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 usually be liable to the landowner for any harm resulting from it.

Owner's refusal to pay: Contractors can also be the victims in construction disputes. Sometimes, the person who hired them will refuse to pay the agreed-upon fee, or withhold a portion of it. This, without more, certainly constitutes breach of contract. However, in such cases, the owner will rarely go to court and say "I just didn't feel like paying, so I didn't." Instead, they will claim that they had a very good reason to withhold all or part of the payment, such as unsatisfactory work by the contractor. In these cases, the court has to determine if the owner has a valid reason for not paying. If it concludes that he or she does not, it will order the owner to pay the agreed-upon price.

Subcontractor Disputes: When a construction company is contracted to complete a large project, there is usually a great deal of specialized work to be done which they aren't equipped to handle. As a result, they hire other contractors, who, in this arrangement, are subcontractors, to do some of the work. However, the general contractor (the one that the landowner hired to do the work) is still responsible for the completion of the project - if a subcontractor causes a problem, the general contractor is on the hook for it. This sometimes leads to landowners suing general contractors for the mistakes of subcontractors. If the general contractor loses, and has to pay the client, the general contractor can then sue the subcontractor for whatever amount of money it had to pay.

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 allows 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 El Paso, Texas Attorney Help?

If you have a construction dispute, you should first try to resolve it amicably with the other party. If this fails, it is almost always essential to hire an El Paso, Texas construction disputes attorney, who can advise you on the next steps in the process.

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Life in El Paso

El Paso, Texas is a large city in (and the county seat of) El Paso County, in the far western tip of Texas. It is the 5th-largest city in Texas, and the 22nd largest city in the United States, with a population of over 620,000. El Paso is right over the U.S. border from Juarez, Mexico.

The two cities are directly adjacent, and a great deal of cultural and economic exchange occurs between the two. For this reason, they are typically treated as part of the same metropolitan area (referred to as El Paso-Juarez). With a population of over 2.3 million people, El Paso-Juarez is one of the largest international metro areas in the world.

El Paso is an important entry point into the U.S., and Juarez serves the same role in Mexico. There is a significant amount of trade between the two cities, which accounts for a significant amount of the economic activity in both cities.

Additionally, Fort Bliss, an U.S. Army base which serves as home to the Air Defense Artillery Branch, is a major contributor to El Paso's economy.

Given its size and economic diversity, El Paso, Texas attorneys have plenty of work to keep busy, which ensures that they are constantly challenged, forcing them to become proficient in as many areas of law as possible. Accordingly, it's nearly certain that there's at least one El Paso, Texas lawyer who can help you with your legal issues.

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Construction Dispute Law in Texas

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