Salem Construction Dispute Lawyers

Find the right Construction Dispute attorney in Salem, VA

Construction Dispute Law in Virginia

Construction contractors and landowners in Salem, Virginia sometimes end up in disagreements when a project that the landowner contracted for doesn't go exactly to plan. Truth be told, in any significant construction project, a few minor disputes are almost guaranteed.

Typically, contractors and landowners can resolve minor disputes amongst themselves, without having to resort to litigation. Frequently, construction contracts contain built-in remedies for mistakes and delays that can be easily corrected, such as payments to the owner for every day the project is delayed.

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.

Litigation of construction disputes in Salem, Virginia can be extremely time-consuming, stressful, and costly. Nevertheless, there are (relatively rare) occurrences where it is the only option.

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

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 finishes a project to specifications, and the owner of the property doesn't pay the contractor, the contractor will most likely file a lawsuit to recover the agreed-upon price. In such cases, the owner will typically argue that the contractor's work wasn't of acceptable quality. In these cases, the court must decide who first breached the contract. In these cases, it's the party who did not breach first who wins the lawsuit. If the court finds that the contractor breached the contract through sub-quality work product, the owner will not be responsible for payment (though he may have to pay for materials and labor), and if the court finds that the construction was acceptable, the owner has to pay, because he is the party in breach.

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 Salem, Virginia Attorney Help?

If you are involved in a dispute over a construction project, you should try to avoid litigation, and settle the matter as amicably as possible. However, litigation is sometimes imperative, and a Salem, Virginia construction disputes attorney can be of great help.

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Life in Salem

Salem, Virginia is an independent city in central Virginia. It is physically located within the borders of Roanoke County, but as an independent city, it is not actually part of the county, nor under that county's jurisdiction. Nonetheless, the county courthouse is located in the city. Salem has a population of about 25,000 people.

Archeological digs show clear evidence of human habitation of the Salem area dating as far back as 8000 BCE (about 10,000 years ago). The first European settlements of Salem came in 1671, and it went on to serve important historical roles in the American Revolutionary War, and the Civil War. The city was officially founded in 1802, and to this day continues to preserve its small-town character in its beautiful natural setting.

Salem is faring pretty well economically - its median household income is about ,000 per year, and less than 7% of residents live below the poverty line, comparedto the nationwide rate of around 15%.

Salem, Virginia has a legal community that is dedicated to meeting the legal needs of the town's residents. If you need any legal services whatsoever, you should not hesitate to call a Salem, Virginia lawyer.

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