Franklin Construction Dispute Lawyers

Find the right Construction Dispute attorney in Franklin, WI

Construction Dispute Law in Wisconsin

Construction contractors and landowners in Franklin, 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.

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 avenue 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 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).

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

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

Major Delays: If the contractor or a subcontractor is at fault in causing a large 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 usually award the owner any damages that were caused by the delay.

Refusal to Pay: Contractors can be on the other side of legal disagreements, as well. Sometimes, the landowners who hired them refuse to pay. This is usually 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 further 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 (usually smaller) contractors to do some specialized work for them, such as plumbing, electrical installations, and the like. The general contractor, nonetheless, 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. Nonetheless, the contractor can then go after the subcontractor to recover whatever he had to pay.

Mechanic's Lien: If the contractor wins in a case 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 allows 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 Franklin, Wisconsin Attorney Help?

Construction disputes and disagreements can be very difficult to deal with alone. The assistance of a Franklin, 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 Franklin

Franklin is a city in Milwaukee County, Wisconsin. It has a population of about 32,000 people. Franklin is frequently ranked among the top 100 places in the U.S. to live by Money Magazine. Franklin is also highly ranked by some specialty publications, in certain niche categories. For example, FDi Magazine (a publication for the Foreign Direct Investment industry) has also ranked Franklin quite highly in terms of human resources and infrastructure. Milwaukee County contains many prized natural features, many of which are located in Franklin, Wisconsin. Among them are unspoiled wetlands, old-growth forests, prairies, river habitats, and many others. Because of its natural beauty, it should be no surprise that Franklin has many parks and outdoor recreation areas. Paradoxically, Franklin is also home to a superfund site, thanks to a (now defunct) landfill company that illegally allowed the dumping of toxic waste on its land. If you are looking for an attorney, and live in Franklin, Wisconsin, chances are you'll be able to find one. Franklin, Wisconsin lawyers are well-educated, and highly skilled. If you have any legal problem whatsoever, you should consider retaining a Franklin, Wisconsin lawyer.

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