Port Arthur Construction Dispute Lawyers

Find the right Construction Dispute attorney in Port Arthur, TX

Construction Dispute Law in Texas

Landowners and contractors in Port Arthur, 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 cases, 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 incorporated, it does not always need to be a court. Private mediators can assist 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 Port Arthur, 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 Port Arthur, Texas

Delays: Some minor delays in a construction project are all but guaranteed to occur. Normally, 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. Additionally, 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 completes the project, and the owner refuses to pay the agreed-upon price, the contractor will normally file a lawsuit to recover what is owed. Of course, the owner will normally claim that there is a good reason for not paying, arguing that the contractor didn't conform to the project's specifications, or that the quality of construction was unacceptably poor. In such a case, the court will have to decide if the contractor actually breached the contract by doing shoddy work, which could, at least in part, excuse the owner's duty to pay.

Subcontractor Disputes: In large projects, contractors often can't handle every aspect of the construction, so they hire other (normally smaller) contractors to do some specialized work for them, such as plumbing, electrical installations, and the like. The general contractor, nonetheless, is responsible to the owner for anything that goes wrong. If a subcontractor messes up, and the owner sues the contractor, the contractor will have to pay. Nonetheless, the contractor can then go after the subcontractor to recover whatever he had to pay.

Mechanic's Liens: A mechanic's lien is a way for a contractor to secure payment if a landowner declines 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 Port Arthur, Texas Attorney Help?

Construction disputes and disagreements can be very hard to deal with alone. The assistance of a Port Arthur, 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 Port Arthur

Port Arthur is experiencing an economic revitalization with nearly billion in projects involving energy infrastructure. Golden Pass and Sabine Pass LNG terminals are the largest and would bring in millions of dollars to Port Arthur each year. Port Arthur is one of Texas' leading seaports and was in the news recently when an oil tanker and barge collided. Port Arthur is connected to the rest of Texas intersecting with a number of US and state highways making it ideal for transportation and distribution. Being the center of so much business, Port Arthur has some of the best outlet and shopping in the area. The business boom has also attracted a number of lawyers to the area to help sort out any legal problem that may arise. Port Arthur lawyers know business law well but many also focus their practices in other areas like family, criminal, and immigration law.

Port Arthur offers a number of worthwhile educational outlets like public libraries and schools. The Bob Hope Charter School and Lamar State College are both located in Port Arthur. Notables of Port Arthur include Janis Joplin, Jimmy Johnson, G.W. Bailey, and rap group UGK. Port Arthur has seen major damage from Gulf of Mexico hurricanes and tropical cyclones like Hurricane Rita, Humberto, Ike, and Tropical Storm Eduard. Luckily, Port Arthur residents have prepared successfully beforehand or recovered from the forceful damaging storms.

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