Temple Construction Dispute Lawyers

Find the right Construction Dispute attorney in Temple, TX

Construction Dispute Law in Texas

Landowners and contractors in Temple, 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 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 Temple, Texas is regarded a last resort. However, in rare cases, it does become necessary.

Examples of Construction Disputes That Might Lead to Litigation in Temple, 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 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 normally 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 accountable 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: With big construction projects, contractors normally hire other, smaller contractors to do some of the work for them. This is normally work of a specialized nature, which the general contractor isn't equipped to handle (such as plumbing or electrical wiring). The general contractor is the one who is responsible for the satisfactory completion of the project. If a subcontractor makes a mistake, or causes a delay, the general contractor is ultimately liable to the person who hired them. Nonetheless, if they are sued for the mistakes of a subcontractor, and lose, they can then sue the subcontractor to recover their losses.

Mechanic's Lien: When a contractor wins a case against a client for nonpayment of the contract price, and the client still declines to pay, there is a problem: a monetary judgment means next to nothing if it can't be enforced. To solve this problem, the mechanic's lien has been developed. Basically, if a landowner refuses to pay a contractor, even in the face of a court order, the court can force a sale of the property that the contractor worked on, along with all the improvements on it, and then give the funds to the contractor, to secure payment.

Can a Temple, 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 imperative to hire a Temple, Texas construction disputes attorney, who can advise you on the next steps in the process.

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Life in Temple

Temple is located in Bell County, Texas. Per the 2010 census it has a population of 66,102 people. The city holds the nickname "The Wildflower Capital of Texas." Going around the city, one will see an array of beautiful wildflowers.

The primary employer is the health care industry. There are medical students and physicians practically everywhere. Most of these individuals work at, or are trained in, the Veterans' Hospital Center, Scott White Memorial Hospital, and Texas AM Science Center College of Medicine.

There are small law offices that are well established and located in downtown Temple. These offices are run by well-experienced lawyers who prefer to have a personal interaction with their clients, and have grown tired of a big firm setting. Thus, residents and local businesses have very sharp and capable attorneys to cater to their legal needs.

Past famous residents include Frank W. Mayborn, Darren Trumeter, Lance Berkman, Brian Skinner, Rip Torn, Sammy Baugh, and Ted Poe.

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