Westland Construction Litigation Lawyers
Construction projects involve many contractors, subcontractors, suppliers and laborers, all of whom expect to be paid. The most common dispute in construction litigation is overpayment. Particularly in these difficult financial times, getting paid can be the most difficult part of any construction project.
At Clos, Russell & Wirth, P.C., our firm has represented developers, architects, property owners, engineers, material men, contractors, subcontractors and suppliers in numerous disputes and claims for damages in a wide variety of unique situations. We assist our clients before a legal problem arises by providing advice and direction of the proper steps to follow and the notices to be provided to increase the likelihood that they will be paid for the work performed.
We also represent clients seeking payment from a contractor or homeowner. Finally, we represent contractors and property owners who have claims for defective workmanship and/or property damage. We can help our clients resolve any legal problem that arises as the result of a construction dispute in Michigan.
Many construction contracts include arbitration or mediation provisions as a prerequisite to court litigation or in lieu of it. We will discuss the advantages and disadvantages of each approach, and we will help you to thoroughly review any contract before it is signed to ensure that all provisions are in your best interest.
Our Westland construction litigation attorneys want to help you save money and avoid litigation when possible, but we will take your case to court if that is likely to lead to the best possible result. Even if litigation is necessary, we will consult with our clients every step of the way and develop an agreed-upon litigation strategy.
We work on your behalf to recover your damages. However, we also assist our clients in the construction industry in preparing contracts and/or reviewing contracts that are presented to them. The terms of the contract often involve much more than the total amount to be paid. The contract also typically addresses details such as the following:
- When payment is due
- Whether there are any penalties for construction delays
- Whether interest can be charged on the unpaid balance
- Acceleration damages
- Delay damages
- Inadequate performance
- Delivery of damaged goods
- Untimely delivery of goods and materials
- Nonpayment for goods sold and delivered
- Nonpayment for services rendered
- Nonconforming goods
Contractor And Subcontractor Liens
Parties in construction or renovation projects may file a construction lien as a means to secure payment for improvement work performed on real property. However, contractors must not delay in complying with the provisions of the Construction Lien Act. Delays in payment or breaches of contract allow for certain project contributors to file a lien within 91 days from their last day of work on the project in an attempt to collect money owed from the owner, general contractor or subcontractor. Some savvy contractors or property owners will continue to promise payment hoping that contractors will wait more than 91 days and thereby lose their construction lien rights.
Filing a lien is an inexpensive way for contractors, subcontractors and laborers to increase the likelihood that they will get paid. If the debt is not paid, the lienor may file a lawsuit within one year of the lien recording seeking judicial foreclosure of the property.
Our law firm represents lienors and property owners in such disputes, and we can vigorously protect your position and your rights. It is extremely advantageous to consult with a lawyer regarding your construction dispute as soon as possible.