Oak Creek Construction Dispute Lawyers

Construction Dispute Law in Wisconsin

Construction contractors and landowners in Oak Creek, 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.

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.

And even if disputes can't be resolved so easily, the courts still don't necessarily have to get engaged. 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 (usually 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 an Oak Creek, 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 Oak Creek, Wisconsin

Delays: If the contractor is culpable in a major delay in a construction project (a delay of weeks or months, for example), a lawsuit could result. If the contract particularly states that completion by a specific date is very important, or the builder has a good reason to know this, a court will often award the owner compensation for any economic harm caused by a delay.

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." Alternatively, 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, 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 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 permits 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 Oak Creek, Wisconsin Attorney Help?

Construction disputes can be time-consuming and costly. Hiring a reliable Oak Creek, Wisconsin real estate attorney can make it much easier to deal with such disputes, and help you avoid litigation, or prevail if litigation becomes necessary.

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Life in Oak Creek

Oak Creek, Wisconsin is a city in Milwaukee County. It has a population of about 30,000 people. Oak Creek is a suburb of Milwaukee, the largest city in Wisconsin. Until the 1950s, Oak Creek was mostly semi-rural farmland. It was incorporated in 1955, out of unincorporated county land. This move was orchestrated by Tony Basile, who would become Oak Creek's first city attorney. The people of Oak Creek decided to incorporate into a town so the area would not be annexed by the rapidly-expanding Milwaukee. Oak Creek is the headquarters of Midwestern Airlines, a small regional commuter airline, and the source of hundreds of jobs in the area. However, the parent company of the airline is moving its headquarters to another city. Since that announcement, a large mining equipment company announced that it would be moving its headquarters to Oak Creek, Wisconsin, to occupy the corporate offices being vacated by the airline. If you live in Oak Creek, Wisconsin, and are in need of some type of legal help, Oak Creek, Wisconsin lawyers are ready to help. Oak Creek, Wisconsin lawyers can handle almost any legal problem a person might be faced with.

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Construction Dispute Law in Wisconsin

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