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A lawyer for contractor disputes generally handles cases where individuals are in disagreement over the terms and provisions of an agreement. Contractor disputes happen when one or both individuals have an agreement dispute related to the agreement. In addition, a contract is only enforceable when both parties reach a mutual agreement with the intent to be bound by it.
Nevertheless, if the agreement is not reciprocal, it may be challenged in court. A lawyer for contractor disputes is a lawyer who works on construction projects and counsels clients on different facets of construction regulation.
Construction law comprises the body of provisions and rules that control the planning, design, and construction of buildings and other establishments. Overall, a lawyer for contractor disputes is someone you would want to consult for any problems that may occur during your construction task. Keep reading below to learn more about lawyers for contractor disputes and what they do.
Duties of a Lawyer for Contractor Disputes
Even as unfortunate as it can be, many homeowners usually engage in several disputes with their contractors. Many homeowners face challenges, such as water intrusion, mold, construction defects, completion problems, payment conflicts, and other contractor disputes. Furthermore, when two parties enter into a contractual agreement, conflicts may arise from that contract. It is especially valid if a contractor engages in scams. Therefore, the options for settling disputes arising from a construction contract usually remain defined by the terms of this contract.
So if you encounter these or similar issues, you need an experienced lawyer for construction disputes to protect your legal rights.
Moreover, a lawyer for contractor dispute primarily have expertise in the following areas:
Options for Fixing Your Contractor Dispute
A case for breach of contract or negligence can be a costly and time-consuming proposal, specifically in contractor suits, which generally demand expert bystanders. Fortunately, there are numerous alternatives for settling your case without a lawsuit. The most straightforward way is to let your lawyer deal with the contractor on your account. Your attorney may be able to resolve the case through arbitration or another alternate method other than a lawsuit.
If the lawyer can effectively influence the contractor they are accountable and will spend more in litigation. In most cases, the contractor is usually ready to settle your claim before it moves to litigation. Another alternative is to register a complaint with the Contractor’s Licensing Board.
The board guards the people by exercising punitive action against contractors who execute a substandard job or do not deal truthfully with customers. A professional complaint is a severe issue for a contractor who likes to maintain their license in good standing. Many contractors will consent to repair or indemnify you adequately to avoid the legal process.
Contractual Disputes
Besides negligence, your contractor can also encounter penalties for breaching your agreement. Delays, payment schedule changes or delivery, and other primary terms must be adhered to as they are in writing. Failure to accomplish so indicates the contractor performed a breach of the contract. It, in turn, can make the contractor responsible for economic losses you sustain due to that breach. Hence if any person violates the contract, the non-breaching person can sue for damages incurred. In addition, these damages are monetary compensation offered to the party for the loss due to the breach of contract. However, the exact extent of the damages available will vary depending on the terms of the contract and the laws of your jurisdiction.
For instance, if you had to stay in a hotel or any substitute place for an additional week while the contractor completes your house, this cost is an immediate outcome of the breach of contract. Your contractor would be accountable for this expense, and you could recover it by getting help from a lawyer specialized in handling contractor disputes.
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Key Terms for a Contractor Dispute Lawyer
Below are some prominent terms used in a construction contract.
- Construction Contract Agreement : This is a legally binding agreement between parties for the performance of construction work, usually between a project owner and the principal contractor or vendor. The contract should contain a set of provisions defining the project’s extent, terms, and conditions.
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Statement of Work
:
The statement of work, also known as the scope of work, is a document that explains all the building activities required to complete the project, which comprise:
- Who is accountable for specific work?
- What materials are essential?
- How will the task be completed?
Making a precise scope of work for a project is valuable during the bidding procedure. Nevertheless, if you cannot define the scope of work, you can always go for a contract without a work scope.
- Specifications: The specifications part of the contract comprises all the technical data and requirements. In addition, there should be a checklist of specifications for each construction job, including techniques, materials, processes, and tools that the contractors would use. These specifications are available for negotiation, and both parties should discuss them before entering into a contract. Specifications you must change or alter must fall under the change order prerequisites in the scope of work.
- Cost Estimate: This paper generally divides all objects needed for project completion and their expenses. The cost estimate usually gets listed per item in a format that merges specifications and costs provided as a lump sum where objects are not specified individually.
- Drawings and Quantities: There is a document in every construction contract known as the statement of quantities, which contains many lists of materials, expenditures, labor, and transactions that will be part of the construction project. This record is helpful when contractors are making their bids.
Another crucial factor that every contract should comprise is a set of project plans and detailed drawings. It must include the specific blueprints of the project and easy drawings that provide a graphic illustration of distinctive attributes.
Final Thoughts on a Contractor Dispute Lawyer
A lawyer for construction disputes is a vital part of any construction project, assisting you with your building project from start to finish.
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ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
