Provo Construction Dispute Lawyers

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Construction Dispute Law in Utah

Landowners and contractors in Provo, 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 someone else needs to get engaged to resolve a dispute, this does not automatically mean litigation is necessary. For example, the parties might attempt mediation, in which a neutral third party tries to help guide the parties to an agreement, but cannot render a binding decision himself. They might also agree to arbitration, during which a third party is able to render a binding decision. Arbitration is typically done through a private company, and may cost less than litigation, and is overseen by an arbitrator who is an expert in the relevant field.

Because of the large cost in time and money involved, litigation in Provo, Utah is regarded a last resort. However, in rare cases, it does become necessary.

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

Delays: If the contractor is culpable in a major delay in a construction project (a delay of weeks or months, for example), a lawsuit could result. If the contract particularly states that completion by a specific date is very important, or the builder has a good reason to know this, a court will often award the owner compensation for any economic harm caused by a delay.

Owner's refusal to pay: Contractors can also be the victims in construction disagreements. Sometimes, the person who hired them will refuse to pay the agreed-upon fee, or withhold a portion of it. This, without more, certainly constitutes breach of contract. However, in such cases, the owner will rarely go to court and say "I just didn't feel like paying, so I didn't." Alternatively, they will claim that they had a very good reason to withhold all or part of the payment, such as unsatisfactory work by the contractor. In these situations, the court has to determine if the owner has a valid reason for not paying. If it concludes that he or she does not, it will order the owner to pay the agreed-upon 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 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. Typically, 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 Provo, Utah Attorney Help?

Construction disputes can be time-consuming and costly. Hiring a reliable Provo, 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.

Talk to a Real Estate Law Attorney now!

Life in Provo

Provo is the seat of Utah County and third largest city in Utah. With 119,000 Utah residents, Provo is popular Salt Lake City professionals and winter vacation homes alike. Brigham Young University, the largest Missionary Training Center for the Church of Jesus Christ of Latter-day Saints, and the 2002 Winter Olympics' Peak Ice Arena are all located in Provo bringing a distinctly unique mix of people to the area. Provo is the second largest metropolitan area in Utah next to its close neighbor Salt Lake City that is just 43 miles North. Provo is also the seat of Utah County meaning it plays host to a number of different facilities such as the Utah County Courthouse. Many Utah lawyers call Provo home because it's home to so many courts and near to Salt Lake City. Provo lawyers can help you sort out whatever legal question or issue you may possess.

The annual Sundance Film Festival brings lots of people to Provo and showcases some of the best films of the year. Forbes rated Provo in the top 10 places to raise a family. Additionally, the city has been celebrated as one of the best places to retire, an enticing city to live and play, and National Geographic Adventure dubbed Provo a "cultural hub." The Provo City Library at Academy Square has an extensive selection of more than 280,000 media enclosed with the walls of the former Brigham Young Academy. It was built in 1892. The Covey Center for the Arts shows plays, operas, and other performances all year long. For business, the Utah County Convention Center hosts a lot of events like technology conventions and parties.

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