Appleton Construction Dispute Lawyers

Construction Dispute Law in Wisconsin

Construction contractors and landowners in Appleton, Wisconsin 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.

Normally, contractors and landowners can resolve minor disputes amongst themselves, without having to resort to litigation. Commonly, 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 someone else needs to get immersed 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 normally 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.

Litigation of an Appleton, Wisconsin construction dispute is never something that anyone wants to do. Nonetheless, there are sometimes no other avenues.

Examples of Construction Disputes That Might Lead to Litigation in Appleton, Wisconsin

Delays in Construction: Delays are commonly points of contention between contractors and landowners. Contracts sometimes have clauses which explicitly state that the project needs to be completed by a certain date, or penalties will be imposed on the contractor (reduced payments, for example). However, if the contract doesn't contain such built-in remedies, or one party refuses to abide by them, litigation may be necessary. If a contractor causes a delay that it could have prevented, it will normally be liable to the landowner for any harm resulting from it.

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." Rather, 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.

Subcontractor Disputes: When a construction company is contracted to complete a large project, there is normally a great deal of specialized work to be done which they aren't equipped to handle. As a result, they hire other contractors, who, in this arrangement, are subcontractors, to do some of the work. Nonetheless, the general contractor (the one that the landowner hired to do the work) is still accountable for the completion of the project - if a subcontractor causes a problem, the general contractor is on the hook for it. This sometimes leads to landowners suing general contractors for the mistakes of subcontractors. If the general contractor loses, and has to pay the client, the general contractor can then sue the subcontractor for whatever amount of money it had to pay.

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 authorizes 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 Appleton, Wisconsin Attorney Help?

If you have a construction dispute, you should first try to resolve it amicably with the other party. If this fails, it is almost always imperative to hire an Appleton, Wisconsin construction disputes attorney, who can advise you on the next steps in the process.

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Life in Appleton

Appleton is located in both Calumet and Winnebago Counties of Wisconsin. Surrounding waters include the Fox River and Green Bay. Per the 2010 census, it has a population of 78.086 people.

Some popular attractions include the Appleton Art Center, the Gardens of the Fox Cities, Goodland Field, The History Museum at the Castle, John Hart Whorton House, Temple Zion, Time Warner Cable Field at Fox Cities Stadium and the Fox Cities Performing Arts Center.

Top employers include the school district, Miller Electric, St. Elizabeth Hospital, Outagamie County, West Business Services, Valley Packaging Industries and Voith.

Although the legal industry is not included in the top employers list, Appleton is home to many small law offices that provide legal services in practically all areas of practice. Thus, residents do not have to travel far to have their legal needs tended to.

Famous residents include Myrt Basing, Rocky Bleier, Brian Butch, Willem Dafoe, J.P. Hayes, Erik Jensen, Ron Kostelnik, and Terry Zwigoff.

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Construction Dispute Law in Wisconsin

Examples of Construction Disputes That Might Lead to Litigation in Appleton, Wisconsin