Provo Attorneys Adept at Resolving Construction Disputes
Providing trusted, knowledgeable assistance to Utah contractors and property owners
In the best-case scenario, construction projects run smoothly and parties reach prompt, fair compromises when unexpected challenges arise. Of course, this is not always the case, and the time and expense associated with construction disputes can spiral out of control. Jeffs & Jeffs, P.C. in Provo represents contractors, property owners and other parties in all types of Utah construction disputes. Our firm provides clearheaded guidance and skillful advocacy to get projects back on track and to secure legal relief when contract violations cause harm.
What are the most common causes of construction disputes in Utah?
Our attorneys have substantial experience successfully litigating matters relating to alleged construction defects and real estate development issues. Some of the most common disagreements stemming from building and repair projects relate to the following:
- Unfinished and delayed work
- Cost overruns
- Unpaid balances
- Substandard materials
- Licensing and land use violations
Regardless of how simple or complex your dispute might be, we can craft an effective legal strategy tailored to your situation and goals.
Who can file a construction lien in Utah, and is it time sensitive?
A construction lien is a type of mechanic’s lien that gives Utah contractors, subcontractors and materials suppliers an interest in the subject property when they have not been paid for their work or materials. To start the process, the party looking to establish the lien must file preliminary notice with the Utah State Construction Registry within 20 days after work has ended or after materials have been delivered. From there, formal notice is filed with the county recorder’s office and served on the property owner within either 90 or 180 days of completion, depending on whether a Notice of Completion was filed. After the lien is recorded, the lienholder has 180 days to file a foreclosure lawsuit on the property. If you wish to seek a payment through a construction lien, there is no time to waste. We can guide you through the formal legal process.
How can construction disputes be resolved?
Even when everything goes smoothly, a construction project often requires a substantial investment of resources from all parties. When a disagreement erupts, it is usually in everyone’s best interests to avoid a long, costly legal process. Attorneys experienced at resolving business disputes can often identify creative ways to negotiate a compromise and get the project back on track. In more difficult situations, mediation or arbitration might be the best way to achieve a resolution. Our experienced litigators won’t hesitate to argue your case in court if other methods fail to bring about a favorable result.
What types of damages can be recovered in Provo construction disputes?
Many types of harm might result from a construction dispute, and the methods of compensating parties whose contractual or legal rights were violated vary as well. Often, signatories to a construction contract will include a liquidated damages clause, which Utah courts will likely enforce unless the terms are unconscionable or the agreement is invalid for another reason. If liquidated damages are not the exclusive remedy, relief might be granted to a property owner for damage to the property, costs stemming from unnecessary delays and the price of hiring a replacement contractor. Victimized contractors can recover amounts required by the contract but not paid, costs of materials and possibly lost profits.
What steps can parties take to avoid construction disputes?
The best way to avert construction disputes is to communicate openly and negotiate a clear agreement that addresses reasonably predictable contingencies. Should unexpected circumstances arise, such as bad weather or inability to obtain necessary materials, the contractor must notify the property owner immediately and discuss potential adjustments. Except for condominiums, Utah generally does not require residential homeowners to give contractors the right to repair an alleged construction defect before filing a lawsuit. However, the parties can insert a clause to this effect in their contract.
Contact a Utah construction dispute lawyer for a consultation
Jeffs & Jeffs, P.C. in Provo represents property owners and contractors in construction disputes throughout Utah. Please call us at 801-373-8848 or contact us online to discuss your situation and legal options. Our office is located two blocks from the Provo courthouse and one block from the Latter-Day Saints Historic Provo Temple.