Charlottesville Construction Dispute Lawyers

Construction Dispute Law in Virginia

Landowners and contractors in Charlottesville, Virginia 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 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.

Construction Dispute litigation in Charlottesville, Virginia is typically time-consuming and expensive. But it is sometimes necessary, typically as a last resort.

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

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: Contractors can be on the other side of legal disputes, as well. Sometimes, the landowners who hired them refuse to pay. This is typically 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 (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 Lien: If the contractor wins in a lawsuit against the land owner, and the court orders the owner to pay the contractor for services rendered, the contractor needs a way to secure payment, if the owner refuses. In some cases, a mechanic's lien permits the contractor to force the sale of the land, and any improvements to it, in order to secure payment for the services it provided.

Can a Charlottesville, Virginia Attorney Help?

Construction disputes can be time-consuming and costly. Hiring a knowledgeable Charlottesville, Virginia 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 Charlottesville

Charlottesville is an independent city surrounded by Albemarle County. Being an independent city, it is not actually legally part of the county in which it sits. It runs its own affairs, and unlike other cities, the government of the county in which it sits has no jurisdiction over it. It has a population of about 41,000 people.

Charlottesville was named in 2004 as the best place to live in the United States, in the book Cities Ranked and Rated, due in part to its high quality of life, low cost of living, and mild climate.

The city of Charlottesville is steeped in history. It was the home of presidents Thomas Jefferson and James Monroe. It is home to the University of Virginia, which was founded in 1819 by Thomas Jefferson. Along with Monticello (Thomas Jefferson's estate), the university is an UNESCO World Heritage Site - having been recognized by the United Nations as a place of special historical significance to all of mankind. It is the only university in the U.S., and one of the only manmade structures in the U.S., to be designated a World Heritage Site.

The University of Virginia has one of the best law schools in the country, so you don't need to worry about finding a good Charlottesville, Virginia lawyer, if you ever need one. Charlottesville lawyers are ready to take just about any case that you're likely to face.

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Charlottesville Construction Dispute Lawyers

Construction Dispute Law in Virginia

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