Construction

Construction Law deals primarily with the interaction of contractors (those who build, pave, frame, or even destroy) and their customers. In most cases, construction contracts go as planned, and both parties are satisfied with the exchange. Unfortunately, when a contractor fails to perform under the contract or a customer refuses to cooperate or provide payment when performance is due, the only option is to invoke the legal system for assistance. Attorneys at Dickson Steinacker make it a special point of emphasis to be informed on the latest developments of construction law. From contractually-mandated mediations or arbitrations, to full litigation over construction disputes, Dickson Steinacker is fully prepared to assert your rights in all matters related to construction law. The following is a list of the most common legal topics relating to construction law:

Contracts

A contract is a legally binding agreement between two or more individuals. Contracts form when three important legal facts exist—an (1) offer, (2) acceptance of that offer, and (3) exchange of consideration. A contract breach arises when anything other than the promised performance is tendered. For instance, if Jane offers to purchase John’s lawnmower for $500, and he accepts, a contract is formed. Satisfactory performance of the contract would occur when John provides the lawnmower and Jane reciprocates by paying the promised $500. If, for example, John provides a shovel in place of a lawnmower, or Jane does not pay the full amount, then the contract is breached. Depending on the degree of the breach and the terms of the agreement, the breaching party would owe damages (usually in the form of money) to the other party.

Construction Defect

Parties who enter into an agreement for a construction project generally don’t intend for their venture to fail, or for the finished project to be substandard, (or worse) unsafe. Unfortunately, construction projects often encounter unforeseen challenges which can cause the contractor to produce a defective finished product. A party’s ability to recover damages for defective construction is often limited based on the terms of the contract.

Government Audits

A government audit comprises examination of business entities or individuals’ financial records, paying particular attention to careless or improper record keeping. Auditors are usually trained accountants and can make suggestions to the audited party for balancing books or improving financial reporting and organization.

Liens

A lien comprises a claim against property or funds for payment for services rendered. Liens are usually comprised of formal documentation which is signed by the party who is owed money. Implied with the lien is the right the lien holder has to sell property in order to recover the money owed. Though not called such, mortgages or deeds of trust against real property are types of liens, which must be recorded at the county auditor’s office. Another common lien is the mechanic’s lien. Usually, when a contractor, laborer, material supplier, or workman has supplied labor and materials to a property, they are eligible to record a mechanic’s lien against the property should the responsible party fail to pay for the services. Other lien types are attorney’s liens (for unpaid fees), medical liens (for unpaid medical bills) landlord’s lien (for unpaid rent or damages), and tax liens (for failure to pay taxes).

Litigation

When efforts to resolve a conflict are unsuccessful, a party may engage the courts to enforce a legal right which has been violated. Litigation describes the entirety of the lawsuit, including motion practice, discovery, trial, and appeals. It is often preferable for parties to avoid litigation as it is naturally difficult to forecast outcomes. However, if a party has been damaged by the actions of another, litigation may be the only recourse that can bring meaningful recovery.

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