Finding a Skilled Contractor Dispute Lawyer Near Me

The Nature of a Contractor Dispute

Contractor disputes are regrettably common in the construction industry. They can arise for a number of reasons, and they can have severe consequences, from significant financial loss and damage to your business’s reputation to protracted legal headaches. Disputes can occur because of a breach of the contract, delays in completing the project, or due to a problem with the quality of work being done.
Abandonment of the project by the contractor
Abandonment can be used to refer to either an explicit abandonment, or merely a de facto abandonment of the project when the contractor fails to perform his or her obligations to a satisfactory standard or timely manner. Abandonment by the contractor may or may not be a clear breach of the contract, depending on the facts at hand, and the level to which the party failing to perform properly was responsible for the issue .
Delays in project completion
A delay in project completion is one of the most common types of construction litigation. The majority of delay claims are filed on public projects rather than private projects, since there are often no contractual relationships between parties and generally no privity of contract among the owner, architect/engineer, general contractor, Prime contractor, and subcontractors.
Quality issues
Poor quality work is another common cause of a contractor dispute. Failure to provide all labor, materials and services according to the contract may fall under the category of poor quality work. Any failure by the contractor to perform all of their obligations under the relevant contract could lead to claims for monetary damages as well as non-monetary remedies.

Why a Lawyer is Necessary for Contractor Disputes

Contractor disputes can arise from a variety of complex legal issues. Your best course of action is to retain a highly skilled attorney to help you seek and obtain the results you deserve.
An attorney will be able to mediate any negotiation between you, your contractor, subcontractors, suppliers, and any bonding company that may be responsible for ensuring payment. In addition to negotiating, your attorney can file a legal action on your behalf if your contractor breaches the agreement by abandoning the project. While many contract disputes are handled out of court, your attorney can take you all the way through litigation and settlement if needed.
A lawyer can help you assert your claims. Whether you were not paid, paid too little for the work completed, or the project is incomplete, a construction dispute lawyer can service your right to pursue these claims. They also understand how to keep these claims alive in litigation so you get the outcome you deserve.
Some construction contracts may require you to pursue any dispute in mediation before going to law. In cases such as this, an attorney can help you pursue a mediated settlement and must be able to filter out any frivolous claims in order to get to the heart of the matter quickly.

How to Locate a Good Contractor Dispute Lawyer Near Me

Finding a qualified contractor dispute lawyer near you can be a straightforward process if you know where to look. Here are some steps that can help you on your search.
The first step in finding a good contractor dispute lawyer is to look for lawyers that have experience representing clients in contractor dispute cases. One way to find potential lawyers is to conduct an online search for "contractor dispute lawyer" along with your local city or county name. This search will typically yield a list of local lawyers and law firms that may be a fit for your case.
Another method for finding a contractor dispute lawyer is through word-of-mouth. Ask friends, family, or colleagues if they know of any lawyers in the area that specialize in contractor disputes. Many times, a referral through a personal connection can provide a sense of trust and reliability.
Legal directories like Martindale-Hubbell or Avvo can also be useful resources for finding a contractor dispute lawyer. These directories provide ratings, reviews, and contact information for lawyers in your area. These directories are particularly useful when it comes to reviewing a lawyer’s rating, background, and areas of specialty.
Lastly, contact your state or local bar association for a list of potential contractor dispute lawyers. Bar associations can connect you with lawyers that have met certain criteria set by the bar. Be sure to ask more about the criteria used for the referral.

Hiring a Potential Contractor Dispute Lawyer – Questions To Ask

When selecting a potential contractor dispute lawyer there are some important questions that you should ask. You want to make sure that the lawyer has handled cases like your own in the past, that they have the resources to take on your matter, and that you are comfortable that they can help you prevail. If the case is going to be contested then clearly you will want to ask the lawyer about their fee structure. The lawyers experience is important but so is the firms track record.
Some questions that you should consider asking are:

When i make a call or my question i want a timely response. I do not want to wait days for an answer or my call to be returned.
I want to know if they have handled similar contractor contractor disputes in the past. If so how many?
I want to know how long does the lawyer foresee the process taking?
How long does it typically take to litigate a case if it is contested?
Does the lawyer handle cases "in house" or does she outsource to local counsel?
What is the fee or retainer to begin the case? What is that fee structure?
Are there going to be out of pocket costs and what are they? How much will those costs be?
Does the lawyer and the firm have sufficient resources to pursue the case?
What is the lawyer and firms success rate in contractor litigation?
Do they have a conflict of interest which would prevent them from representing you?
Does the lawyer give free consultations? How much time would they devote to discuss your case on the initial consult?
Does the lawyer seek a mutually acceptable resolution or are they quick to jump into litigation?

The Use of a Contract to Avoid a Contractor Dispute

Even in the best of working relationships, disputes can and often do arise. Having a clearly defined contract that some of its terms carefully negotiated between the parties can help avoid future problems. A contract is essentially an agreement among parties. While a contract can typically be oral or written, many courts prefer that a contract is in writing so there is a clear indication as to what the terms of such agreement are. However, whether oral or written, the contract must be clear and should not contradict itself. By having the parties agree in writing as to the terms of their agreement, there is less room for disagreement and confusion.
Courts have found that ambiguous provisions in a contract can lead to perjury and other actions that are detrimental to the court. If the contract itself has potential issues, a court may very likely not hear out any certain party who suffered from the ambiguity. Furthermore, if the terms of the contract are not in writing , it may also be heard to prove that there was a breach of contract at all since there may be no clear indication of what the terms are. In essence, if there is any question as to the terms of the contract, the party who wishes to enforce the contract may have a difficult time doing so.
If you are a contractor, sub-contractor, or even the owner in the project, you may wish to have a contract drawn up to protect yourself from any potential future issues that may arise. As you may know, with the extent of the work performed, disputes may come up over repairs and fixes. Unless a contract is clear that an owner has to pay the contractor for his services, the contractor has no legal grounds to have a remedy in court. Therefore, negotiating and understanding a contract before signing is essential to having protection in the future if an issue were to arise. The contract should include the scope of work to be performed, the timeline of such work, whether there will be a warranty involved, and what type of remedy will be provided if expectations are unmet.

The Legal Remedies for a Contractor Dispute

The legal remedies for contractor disputes fall into the categories of alternative dispute resolution, contract negotiation and modification, arbitration, and court litigation. The choice of how to proceed depends on the governing contract and applicable law.
With any contract dispute, the first step is to review the contract terms to determine the options that exist. Contracts differ based on the type of project, whether public or private funds are involved, the obligations of the parties to subcontractors (including insurance requirements), and many other details.
Alternative dispute resolution through mediation or arbitration is required by some contracts. Mediation is a process in which the parties come together with a neutral third-party moderator/trainer who helps facilitate the discussion in a controlled environment. The goal of mediation is to reach a workable settlement, but the mediator cannot force a resolution upon the parties. If no settlement can be reached, the case can proceed to court litigation or arbitration, if previously specified in the contract.
If there is no mediation provision or if the dispute relates to the mediation process, some contracts may require binding arbitration as the next step. This is a process in which every party essentially stipulates to the facts presented and allows a panel of three experts to hear the matter and render a decision. While arbitration can reduce litigation costs, it also restricts the parties’ ability to present their evidence and witnesses. An arbitration award is final and binding; the parties cannot appeal.
Contract litigation is the process of bringing a lawsuit directly in order to resolve a dispute and receive adequate compensation. Litigation is generally lengthy and costly, and the outcome is often uncertain. However, some disputes just cannot be resolved in any other way. In such cases, the dispute can be handled through state court litigation or federal court litigation, depending on the nature of the claim.

Cost and Retainer for a Contractor Dispute Lawyer

You began your search for the right attorney to resolve your contractor dispute, but now you need help with another issue. How much should you expect to pay? You are not alone if you found your recent repair or remodeling project so costly that you cannot afford a legal retainer. That is particularly true if the issues did not rise to the level of needing police intervention to stop repairs or enforce modification that had not been completed. Although you assume you have a legal claim or your contractor would not owe you money, you might not be prepared to pay an attorney thousands of dollars to resolve the conflict. Depending on the details of your particular situation, you might get away paying less.
As a general rule, attorneys charge one of two ways: hourly rates or flat fees. If your contractor dispute centers on a written contract, the damages should be easy to calculate. If you are owed back payments because of contractor failure to complete a transformation, you can see the damages in the new space (or lack thereof). In those case, a flat rate might be the least expensive option.
Many lawyers prefer hourly billing for contractor disputes cases. After all, you need a lot of guidance in dealing with a challenging situation, including the following issues: If you are prepared to get to work, a flat fee might not be to your liking. Your attorney will need to adjust the balance of your retainer or ask for more as the case moves forward to accounting and resolution.
The timing of your payment depends on the attorney, but many require a retainer. You may only need to pay a certain amount down to get started, but it might not be the full retainer amount. Your lawyer will bill against the retainer fee. When your retainer runs low or out, you must replenish the balance before the attorney can continue working your case. As you might have guessed, this can pause any progress in your case (and it challenges your lawyer to keep working on your case even though you have not paid). You might also encounter attorneys who will ask for a partial payment upfront and then the balance when services are finished.
One thing is for sure. You should know before you place your call to a contractor dispute attorney’s office. You need to be prepared to invest a certain amount of your hard-earned money to get the support you and your contractor dispute deserve.

Conclusion – Protecting Your Contractor Dispute Rights

Reaching a fair resolution to a contractor dispute may very well seem impossible, but with the correct legal guidance, a satisfactory outcome is almost always possible. Using the guidance of a legal expert will help ensure a successful conclusion for your contractor dispute. Positive homeowner-contractor relationship is important for effective and timely conclusion of construction projects. Homeowners and contractors will often have a vested interest in establishing and maintaining a harmonious working relationship throughout the progression of a construction project. Establishing this kind of working relationship , despite any potential difference in persuasion, can make a considerable difference in resolving a contractor dispute. A strong, positive relationship with honest and open communication between all parties consistently makes it possible to successfully reach an appropriate and lasting resolution of your contractor dispute.