Brown Deer Construction Dispute Lawyers

Construction Dispute Law in Wisconsin

Construction contractors and landowners in Brown Deer, Wisconsin sometimes end up in disputes 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.

Usually, contractors and landowners can resolve minor disputes amongst themselves, without having to resort to litigation. Often, 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.

And even if disputes can't be resolved so easily, the courts still don't necessarily have to get involved. For example, a construction contract may require mediation before any further action is taken. Mediation is a process by which a third party tries to guide the parties to the dispute to a settlement. The mediator cannot, however, render any binding decision. Another option is arbitration. This is where the parties go to a private arbitration service, which can render a binding judgment (generally enforceable through contract law, as the parties agree in advance to abide by the arbitrator's decision). Arbitration has advantages over litigation, as the parties can have a say in choosing the arbitrator (allowing them to have their case arbitrated by an expert on construction disputes, for example).

Construction Dispute litigation in Brown Deer, Wisconsin is usually time-consuming and expensive. But it is sometimes necessary, usually as a last resort.

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

Construction Delays: Delays in construction are common sticking points between contractors and landowners. These delays can sometimes lead to litigation, especially if the construction contract makes it clear that time is an important factor, or if the contract mandates a certain completion date. In such situations, a court will often award the landowner compensation for any monetary losses he or she suffered as a result of the delay.

Owner's Refusal to Pay: If the contractor completes the project, and the owner refuses to pay the agreed-upon price, the contractor will usually file a lawsuit to recover what is owed. Of course, the owner will usually claim that there is a good reason for not paying, arguing that the contractor didn't conform to the project's specifications, or that the quality of construction was unacceptably poor. In such a case, the court will have to determine if the contractor actually breached the contract by doing shoddy work, which could, at least in part, excuse the owner's duty to pay.

Subcontractors: Subcontractors are hired by general contractors to assist them in large construction projects, usually specialized tasks like installing plumbing. However, 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 basically 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 Liens: A mechanic's lien is a way for a contractor to secure payment if a landowner refuses to pay. In such cases, if the contractor sues and wins, he or she can sometimes impose a mechanic's lien on the property he or she just worked on. This allows the contractor to force a sale of the property to cover the judgment. It is usually used when other attempts to secure payment fail.

Can a Brown Deer, Wisconsin 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 essential, and a Brown Deer, Wisconsin construction disputes attorney can be of great help.

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Life in Brown Deer

Brown Deer is a village in Milwaukee County and was formerly a part of the town of Granville. Brown Deer officially incorporated on January 20, 1955 and is home to 13,000 Wisconsin residents. The village covers a total of 4.4 square miles and plays host to a large population of Caucasians and African-Americans over half of whom are married. The village is one of only two municipalities in Wisconsin that retains an African American population greater than 10%.

Brown Deer is popular among families because of it's great schools which include Deen Elementary School, Brown Deer Middle School, and Brown Deer High School. Formerly, Algonquin Elementary School was open on North 47th Street but closed because it could not compete with the newer Deen Elementary School. Brown Deer residents enjoy access to many nearby parks and shopping centers that also attract visitors from neighboring counties. Brown Deer also has an outstanding kids sports program for residents which offers baseball, soccer, and basketball among other sports.

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Brown Deer Construction Dispute Lawyers

Construction Dispute Law in Wisconsin

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