Layton Construction Dispute Lawyers

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Construction Dispute Law in Utah

Landowners and contractors in Layton, Utah 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 instances, 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 disputes 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.

Litigating a construction dispute in Layton, Utah is definitely not something that anybody likes doing. However, it is sometimes necessary, as a last resort.

Examples of Construction Disputes That Might Lead to Litigation in Layton, Utah

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.

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 typically 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 considerably less than the contract price.

Subcontractor Disputes: In large projects, contractors often can't handle every aspect of the construction, so they hire other (typically smaller) contractors to do some specialized work for them, such as plumbing, electrical installations, and the like. The general contractor, however, 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. However, 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 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 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 Layton, Utah 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 essential to hire a Layton, Utah construction disputes attorney, who can advise you on the next steps in the process.

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Life in Layton

Layton, Utah is a city located in Davis County. It has a population of about 60,000 people.

Layton, Utah is named after Christopher Layton, a Mormon missionary and early settler of the region. In the decades after its founding, Layton's growth in population and wealth was slow but steady. However, the establishment of Hill Air Force Base nearby, followed almost immediately by America's entry into WWII, led, almost overnight, to a huge spike in population, changing the face of Layton forever. War workers streamed into the area, transforming Layton from a small agricultural community to a bona fide city.

After the war, growth slowed, but continued to be fueled by the growth of nearby Salt Lake City, for which Layton is now a major "bedroom community" (a town on the outskirts of a much larger city, serving largely as a residential area for people who work in the city).

Thanks to its proximity to Salt Lake City, Layton is home to a thriving legal community. If you are facing a legal issue, there is almost certainly a Layton, Utah lawyer who can help you solve it.

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