Waxahachie Construction Dispute Lawyers

Construction Dispute Law in Texas

Landowners and contractors in Waxahachie, 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.

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 typically 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.

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

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

Major Delays: If the contractor or a subcontractor is at fault in causing a considerable delay to a project (several months, for example), this may lead to a lawsuit. If the contract stated that time was of the essence for some reason (maybe the project was a new store that the owner hoped to open before the holiday shopping season, for example), a court can typically award the owner any damages that were caused by the delay.

Refusal to Pay: Disagreements 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 typically come up with a better one to argue in court). In these cases, a court will occasionally 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 considerably less than the contract price.

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 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 permits 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 Waxahachie, 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 imperative, and a Waxahachie, Texas construction disputes attorney can be of great help.

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Life in Waxahachie

The city of Waxahachie, Texas isa suburb of the state capital of Dallas and houses a population of just under 22,000 residents. Waxahachie is an easy thirty mile drive to Dallas, making the suburb a popular place for the city worker to live. Waxahachie comprises almost forty two square miles. The city gets its unique name from the Native American word for "cow creek" or "buffalo creek." The city's economy is very industry-based, although there are also two universities located in Waxahachie: Southern Assemblies of God University and Navarro College. Early College High School, located in the heart of Waxahachie is considered one of the top high schools in the state of Texas. The city is also the site of an annual Renaissance fair that draws international attention. Waxahachie also has some notable legal landmarks. The Richardsonian Romanesque Courthouse, which is considered to be best of Texas' older courthouses is located in Waxahachie. With such a pretty location to practice, it is no wonder that there are so many great lawyers located in the city limits. Waxahachie lawyers are skilled in a range of practice areas and able to help their local client with any legal issue he or she is confronted with.

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Waxahachie Construction Dispute Lawyers

Construction Dispute Law in Texas

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