Burke Construction Dispute Lawyers

Find the right Construction Dispute attorney in Burke, VA

Construction Dispute Law in Virginia

Landowners and contractors in Burke, Virginia often 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 usually 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 involved 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 usually 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 Burke, Virginia is considered a last resort. However, in rare cases, it does become necessary.

Examples of Construction Disputes That Might Lead to Litigation in Burke, Virginia

Delays: Some minor delays in a construction project are all but guaranteed to occur. Usually, 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. Furthermore, 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.

Refusal to Pay: Contractors can be on the other side of legal disputes, as well. Sometimes, the landowners who hired them refuse to pay. This is usually because the landowner believes that the contractor didn't perform under the terms of the contract, or that the work was unsatisfactory. If this is the case, it may ultimately be up to a court to decide who is right. If the contractor did, in fact, do poor work, the landowner will be excused, at least in part, from his duty to pay. If, on the other hand, the work was satisfactory, the court will order the landowner to pay the contract price immediately, and may award additional damages if the refusal to pay was done in bad faith, or if it caused foreseeable economic harm to the contractor.

Subcontractor Disputes: In large projects, contractors often can't handle every aspect of the construction, so they hire other (usually 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 Lien: When a contractor wins a lawsuit against a client for nonpayment of the contract price, and the client still refuses 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. Essentially, 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 proceeds to the contractor, to secure payment.

Can a Burke, Virginia Attorney Help?

Disputes over construction delays or defects can be extremely taxing. Therefore, getting an experienced Burke, Virginia real estate attorney might mean the difference between success or failure in your business ventures.

Talk to a Real Estate Law Attorney now!

Life in Burke

Burke, Virginia isa community in Fairfax County. Its population is nearly 60,000 people, as of the 2000 Census.

The area now known as Burke has been populated by humans since prehistory, but really began to come into its own as a town in the 1840s, when the construction of a railroad brought industry and jobs.

The railroad station, and the accompanying post offices and telegraph stations, proved strategically important during the American Civil War, with both sides fighting to control the town.

Modernly, like much of Fairfax County, Burke, Virginia is considered a suburb of Washington, D.C. After WWI, many employees of the federal government began to move to Burke, because the Capital was easily accessible, thanks to the railroad.

Burke, Virginia is served by several public transportation options that connect it to Washington, D.C., as well as major federal facilities in the surrounding area, such as the Pentagon.

Given the large number of government employees who live in Burke, as well as its residential character, it shouldn't be a surprise that there are plenty of Burke, Virginia lawyers who can handle a legal issue that the average person is likely to face.

Whatever legal matter you're facing, or think you might have to face soon, it's an excellent idea to, at the very least, speak with a Burke, Virginia lawyer.

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