Plano Construction Dispute Lawyers

Construction Dispute Law in Texas

Landowners and contractors in Plano, Texas 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.

In the overwhelming majority of instances, however, these problems are resolvable, and do not lead to major disputes. Being rational, business-minded adults, landowners and construction contractors are normally able to resolve disputes amongst themselves. After all, both stand to gain if the project is completed, and the contractor is paid.

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 construction disputes in Plano, Texas can be extremely time-consuming, stressful, and costly. Nevertheless, there are (relatively rare) times where it is the only option.

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

Delays in Construction: Delays are commonly 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 normally 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 normally 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 substantially less than the contract price.

Subcontractor Disputes: With very massive 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 essential 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: A mechanic's lien is a way for a contractor to secure payment if a landowner refuses to pay. In such cases, if the contractor sues and wins, he or she can sometimes impose a mechanic's lien on the property he or she just worked on. This authorizes the contractor to force a sale of the property to cover the judgment. It is usually used when other attempts to secure payment fail.

Can a Plano, Texas Attorney Help?

If you are involved in a dispute over a construction project, you should try to avoid litigation, and settle the matter as amicably as possible. However, litigation is sometimes essential, and a Plano, Texas construction disputes attorney can be of great help.

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Life in Plano

Plano is a Collin County city that ranks 9th most populous in the State of Texas. Most folks who aren't from Plano still know about the annual Plano Balloon Festival or that it's consistently ranked in the top communities in the United States by Forbes Magazine and CNN Money Magazine. Much of those outstanding rankings have to do with the famous corporations headquartered in Plano. Cinemark Theatres, Dr. Pepper-Snapple Group, J.C. Penny, Pizza Hut, Dell's Computer Services, Frito Lay, Rent-A-Center, and Alliance Data are all located in Plano. The popular social phenomenon Facebook operates a number of servers in their Plano facility, too. The government facilities, as you would assume with such a massive and important community, are quite extensive.

Plano was ranked as "The Safest City in America" by Forbes Magazine in 2010 making it even more attractive to tourists and locals. A number of celebrities live in Plano including cyclist Lance Armstrong, professional golfers Fred Couples and Hunter Mahan, actors like Chance Crawford and Kevin McHale who plays "Artie" on primetime hit-series Glee.

A branch of Southern Methodist University (SMU) is located in Plano and enrolls 3,000 graduate students who major in business, education, and technical work like engineering. Plano is home to outstanding schools and companies making it a very desirable community in the United States. Unsurprisingly, there's also an outstanding cast of new and seasoned lawyers who are familiar with local Collin County and Texas State Courts.

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Construction Dispute Law in Texas

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