If you have been involved in construction project you know that delays can be inevitable. When you are involved in a remodeling project or repair job and you experience a delay this can result in a significant burden. You can be precluded from using your property. You can lose your ability to collect income from the property. You may suffer other types inconveniences. My people who have problems with their contractor simply want to move on and hire another contractor to complete the project. However, it is important to consult an experienced attorney to ensure your rights are protected before you do so.
If you want to replace your contractor because your project has been delayed or the contractor has failed to substantially complete the work or has walked off the job, it is essential that an expert assess the value of the completed work before your new contractor finishes the project. In doing so, you will have objective documentation of the value of the work provided by the original contractor for the project which will help determine the amount of damages you can recover.
The Law Office of Stephen O’Rear, P.C. represents clients in construction disputes involving breach of contract, unfinished or delayed construction projects, disputes over payment, construction defects, a well as, other types of disputes relating to construction projects.
If you are involved in a dispute with a contractor the damages you incur can be quite substantial, particularly in cases involving commercial or residential remodeling or repairs. The delayed completion of a commercial or residential remodeling job can prevent the owner's ability to rent the property and collect rental payments. In such cases, you may be entitled to recover months of the fair rental value of the property from the contractor as damages.
Construction litigation can be expensive and mediation is usually the most efficient way to resolve the dispute. In most construction dispute cases, The Law Office of Stephen O’Rear, P.C. will attempt to resolve your dispute without having to go to court whenever possible. However, when settlement does not appear to be an option or is not in the client's best interests, we will aggressively represent our clients in court to ensure that their legal rights are respected.
While most cases involving construction disputes are only handled under a retainer agreement with an hourly billable fee, there are instances where the firm will work with our clients on an alternative fee basis. Under certain facts and circumstances, the firm may handle your construction litigation on a contingency fee basis, which means that our clients are only obligated to pay a fee if the firm successfully resolves the litigation in the client’s favor. In other circumstances, the firm can work with our clients by providing representation at a reduced hourly billing rate along with a reduced contingency fee arrangement, which allows the firm’s clients the flexibility they may need in order to be able to assert their claims in court. It is the goal of The Law Office of Stephen O’Rear, P.C. to provide our clients with the right fee arrangement that gives our clients the greatest flexibility depending on the type of construction dispute they are involved in.
Under Texas law there is a limitation on the amount of time to file a lawsuit if you are involved in a construction dispute with another individual or company, so call today for a free consultation to discuss your rights.
Call us today at 817-386-4988 or contact us online to schedule a personal no obligation consultation.