Charleston Construction Dispute Lawyers

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Construction Dispute Law in West Virginia

Construction contractors and landowners in Charleston, West Virginia 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.

Most often, landowners and construction contractors are able to resolve minor to moderate disputes between themselves, and litigation is rarely necessary. Nobody likes litigation, so, to this end, most construction contracts have built-in remedies in case something goes wrong, like set price reductions if construction is delayed.

Even if a third party gets involved, it does not always need to be a court. Private mediators can help the parties reach a settlement, or a private arbitrator who is an expert on construction litigation can render a binding decision, if mediation and negotiation fail and the parties can't resolve their dispute.

Litigating a construction dispute in Charleston, West Virginia is definitely not something that anybody likes doing. However, it is sometimes necessary, as a last resort.

Examples of Construction Disputes That Might Lead to Litigation in Charleston, West Virginia

Construction Delays: Delays in construction are frequent 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 finishes a project to specifications, and the owner of the property doesn't pay the contractor, the contractor will most likely file a lawsuit to recover the agreed-upon price. In such cases, the owner will normally argue that the contractor's work wasn't of acceptable quality. In these cases, the court must decide who first breached the contract. In these cases, it's the party who did not breach first who wins the lawsuit. If the court finds that the contractor breached the contract through sub-quality work product, the owner will not be accountable for payment (though he may have to pay for materials and labor), and if the court finds that the construction was acceptable, the owner has to pay, because he is the party in breach.

Subcontractor Disputes: With very massive construction projects, general contractors don't always have the resources to do all the work themselves, so they hire other contractors to do some of the work for them. However, it is the general contractor who is ultimately responsible to the owner for the satisfactory completion of the project. So, it is very important to the general contractor that subcontractors do a good job. If the subcontractor causes a delay or other problem, and the owner sues the general contractor as a result, the general contractor can then go after the subcontractor to recover whatever it lost in the lawsuit.

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 authorizes 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 Charleston, West Virginia Attorney Help?

Construction disputes and disagreements can be very hard to deal with alone. The assistance of a Charleston, West Virginia 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 Charleston

Charleston is the capital of West Virginia. Per the 2010 census, it has a population of 51,400 people. Surrounding areas include the rest of Kanawha County, Elk River, and Kanawha River.

Top employers include Appalachian Power, Mountaineer Gas Company, Charleston Stamping and Manufacturing, MATRIC, NiSource Gas Transmission Storage, Walker Machinery, West Virginia-American Water Company, and Frontier Communication. To support such large corporations, the legal force in Charleston is well-equipped with many attorneys who are familiar with business law. Further, the legal force is also capable of handling the needs of local residents.

Famous past residents include Jean Carson, Conchata Ferrell, Allison Hayes, Ann Magnuson, Randy Moss, Leslie Nielsen, Jerry West, Jason Williams, and Booker T. Washington.

When next in Charleston, be sure to check out popular attractions such as the Avampato Discovery Museum, Sunrise Museum, the Capitol Theater, South Charleston Museum, Appalachian Power Park, Danner Meadow Park, Coonskin Park, Ruffner Park and Shawnee Park.

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