Midvale Construction Dispute Lawyers

Construction Dispute Law in Utah

Landowners and contractors in Midvale, 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 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.

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

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

Delays: Some minor delays in a construction project are all but guaranteed to occur. Typically, 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. Moreover, 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 typically file a lawsuit to recover what is owed. Of course, the owner will typically 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.

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: If the contractor sues a land owner and wins, he will likely obtain a monetary judgment. If the owner declines to pay, the contractor needs some way to recover. This is where the mechanic's lien comes into play. It permits a contractor to force the sale of the land or other real property that he just worked on, and use those proceeds to cover costs.

Can a Midvale, Utah Attorney Help?

Construction disputes can be time-consuming and costly. Hiring a reliable Midvale, Utah real estate attorney can make it much easier to deal with such disputes, and help you avoid litigation, or prevail if litigation becomes necessary.

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Life in Midvale

Midvale, Utah is a city located in Salt Lake County. It has a population of about 27,000 people.

Prior to the arrival of white settlers, the area now known as Midvale was populated by the Ute Indians, and had been for thousands of years. When settlers arrived in the 19th Century, growth of the town was very slow, and its economy was based almost entirely on subsistence agriculture.

However, the town began to grow, both in population and wealth, with the discovery of rich mineral reserves. Once word got out in the 1850sabout the area's natural wealth, large-scale settlement began.

Modernly, Midvale is closely linked to Salt Lake City, economically. Many people who live in Midvale are employed in the much larger urban center of Salt Lake City. Midvale enjoys the quiet and friendly character of a small town, but its proximity to a large city allows residents to partake of the attractions and amenities that only a big city can offer.

If you have a legal issue, there's probably at least one Midvale, Utah lawyer who can handle it. Midvale, Utah attorneys are highly skilled, and are capable of assisting clients with almost any legal problem.

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Construction Dispute Law in Utah

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