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Construction Dispute Resolution from a Real Estate Lawyer in Chicago

When a contractor and a property owner sign a contract, disputes can arise. Solutions to these disputes are typically defined by the contract’s terms, which list the rights and responsibilities of both property owner and contractor. A construction contract also provides legal remedies in case either party does not fulfill their obligations. In this article, you will learn how an attorney can give you foreclosure attorney in Chicago during a contract dispute.

Delays in Construction

Most construction projects experience delays, often caused by unexpected situations and occurrences beyond the property owner and contractor’s control. The chief legal issue in construction delays is whether a property owner can make a recovery because of the delay. Most construction contracts outline circumstances in which the contractor can legitimately delay the project. Delays are generally excusable when caused by:

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Weather or other acts of God

Labor and staffing issues

An owner’s changes to the design or project

Other causes unforeseen or uncontrollable by the contractor

Frequently, the contract gives the contractor more time if the delay is excusable, as long as the owner is given just cause and notified of the delay in construction.

Accelerated Completion of a Construction Project

Acceleration happens when the property owner forces the contractor to complete the project ahead of the agreed-upon time. Such acceleration may increase the price of the contract because of the contractor’s revised costs and labor needs. In cases where a property owner refuses to extend the completion time because of an excusable delay or reasonable request, a constructive acceleration may happen. Here, the contractor can make a monetary recovery for expenses based on the owner’s refusal to grant the extension.

The Mechanic’s Lien

Contractors often use mechanic’s liens to ensure that they are paid for materials and labor. If a property owner fails to pay for materials and work, the contractor can initiate proceedings to enforce the lien. Often, the property is sold to pay for the contractor’s expenses.

Do I Need a Chicago real estate attorney to Solve my Construction Dispute?

Most construction projects are subject to deadlines. If a dispute occurs, a real estate lawyer in Chicago can help you explore your legal options and choose the one that suits your case. Every state has different procedures for filing a breach of contract claim, and a real estate attorney in Chicago can help you work within the law to prove a breach occurred.