Eau Claire Construction Dispute Lawyers

Find the right Construction Dispute attorney in Eau Claire, WI

Construction Dispute Law in Wisconsin

Construction contractors and landowners in Eau Claire, 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.

And even if disputes can't be resolved so easily, the courts still don't necessarily have to get immersed. 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 avenue is arbitration. This is where the parties go to a private arbitration service, which can render a binding judgment (typically enforceable through contract law, as the parties agree in advance to abide by the arbitrator's decision). Arbitration has benefits 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 Eau Claire, Wisconsin is normally time-consuming and expensive. But it is sometimes necessary, normally as a last resort.

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

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

Subcontractors: Subcontractors are hired by general contractors to assist them in large construction projects, normally 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 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 Eau Claire, Wisconsin Attorney Help?

Construction disputes and disagreements can be very hard to deal with alone. The assistance of an Eau Claire, Wisconsin real estate attorney can make the process of dealing with these disputes much quicker and easier.

Talk to a Real Estate Law Attorney now!

Life in Eau Claire

Eau Claire is located in west Wisconsin, and is part of Eau Claire County. It is home to approximately 66,000 people. An interesting fact is that Eau Claire was one of the first Tree Cities to have been recognized. Also, in 2007 America's Promise named Eau Claire as one of the 100 best communities for young people.

Top employers include Hutchinson Technology, IDEXX Laboratories, Midwest Manufacturing and Open-Silicon. The legal industry also has a presence to support the needs of small and large corporations in Eau Claire. Small law offices and mid-size law firms train competent attorneys to provide excellent legal services to the city's residents.

Famous athletes have, at one time or another, called this city home. Such athletes include Hank Aaron, Jake Dowell, Mike Hintz, Herm Johnson, Vic Johnson, Paul Menard, Sis Paulsen, Ralph Pond, Brad Radke, Bill Schroeder, and Jerry Wunsch.

All in all, Eau Claire is a wonderful place to visit or call home!

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