Fort Worth Construction Dispute Lawyers

Find the right Construction Dispute attorney in Fort Worth, TX

Construction Dispute Law in Texas

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

Even if disagreements can't be resolved amongst the parties to the contract, they don't need to take their dispute into the court system. For instance, construction contracts typically call for mediation or arbitration before any disputes are resolved by the courts. Mediation is a process by which a third party serves as a sort of intermediary in settlement negotiations between the parties to the contract. The mediator can help keep negotiations on track, and suggest possible solutions the parties might not have thought of. The mediator can't issue a binding decision, however. Arbitration is a procedure through which the parties agree to have their dispute resolved by a third party, which can render a binding decision. Arbitration can be quicker and cheaper than litigation, and it has some other advantages, as well.

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

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

Construction Delays: Delays in construction are prevalent 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.

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 typically 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 responsible 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, typically 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 permits 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 Fort Worth, Texas Attorney Help?

Construction disputes and disagreements can be very challenging to deal with alone. The assistance of a Fort Worth, Texas real estate attorney can make the process of dealing with these disputes much quicker and easier.

Talk to a Real Estate Law Attorney now!

Life in Fort Worth

Fort Worth is concentrated within three main districts: the Cultural District, the Sundance Square District, and the Stockyards Station District. Some more background information is that Fort Worth is the fifth largest city in Texas, and the sixteenth largest in the U.S.

Naturally, in such a fun and exciting place, there are many things to do. Popular attractions include Fort Worth Stockyards National Historic District, Stockyards Rodeo, Bass Performance Hall, Modern Art Museum of Fort Worth, the Texas Civil War Museum, Omni Theater, and Trinity Park. Fort Worth is also home to many well-known law firms such as Haynes and Boone, LLP, as well as many mid-size and small law firms. Essentially, any resident or corporation's legal needs can be met because there is a variety of firms and lawyers to choose from. Whether a large case needs to be litigated by a corporate, or an individual needs some small matters taken care of, Fort Worth offers its residents some of the brightest lawyers in the country.

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