Oshkosh Construction Dispute Lawyers

Construction Dispute Law in Wisconsin

Construction contractors and landowners in Oshkosh, 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 an Oshkosh, 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 Oshkosh, 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 certain 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.

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.

Subcontractors: With big construction projects, contractors usually hire other, smaller contractors to do some of the work for them. This is usually work of a specialized nature, which the general contractor isn't equipped to handle (such as plumbing or electrical wiring). The general contractor is the one who is responsible for the satisfactory completion of the project. If a subcontractor makes a mistake, or causes a delay, the general contractor is ultimately liable to the person who hired them. Nonetheless, if they are sued for the mistakes of a subcontractor, and lose, they can then sue the subcontractor to recover their losses.

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 Oshkosh, 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 crucial, and an Oshkosh, Wisconsin construction disputes attorney can be of great help.

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Life in Oshkosh

Oshkosh, Wisconsin is a city in Winnebago County. According to a Census estimate from 2007, its population is approximately 64,000 people.

Oshkosh is named the Menominee Chief Oshkosh, whose name means "claw" in the Menominee language. He was one of the first Native Americans in the area to make contact with European settlers and fur traders in the 18th Century.

During the early 19th Century, the area gradually grew as a trading post for furs, meat, and other natural resources that were abundant in the frontier. By the mid-19th Century, the industrial revolution was underway, and Oshkosh, Wisconsin's economy boomed thanks to its abundant lumber, and the building boom brought on by industry. The presence of navigable waterways and, later, the arrival of a railroad made the area even more attractive for this industry.

Modernly, Oshkosh is a fairly quiet city, with a large number of residential neighborhoods. Its economy is faring relatively well, compared to other cities in the region, doing slightly better than the national average in several indicators, such as unemployment and the percentage of people below the poverty line.

If you live in Oshkosh, Wisconsin, and have a legal issue, it's likely that there's an attorney who can handle it, no matter how complicated or simple it is. Oshkosh, Wisconsin lawyers can handle just about any case you can throw at them.

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Construction Dispute Law in Wisconsin

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