Contractor Dispute Attorney
Are you involved in a disagreement with a contractor or developer who was hired to complete a home re-modeling project?
Are you a contractor who was injured on the job because the work environment was not up to safety regulations? You’ve come to the right place!
Construction disputes often occur when the work performed on a construction site is either faulty or not done correctly, resulting in injury or lost time and money. The
construction attorneys at Gagnon Eisele and Rigby represent many parties in the Florida area that find themselves in the middle of a dispute with a contractor or developer. Our clients include the following:
- public and private owners
- homeowners associations
- construction firms
- design professionals
Protect Your Rights
Construction disputes often time arise when a contractor or subcontractor fails to perform his or her duties under a contract. A failure to perform under the contract is governed by the same laws as other breaches of contract. The court will look at the written agreement and interpret the contract according to its language. There are many laws protecting the homeowner or contractor during a construction dispute. If a contractor performed according to the contractual terms and the payment has been approved by the owner or agent, the owner must pay the amount due. If payment to a contractor or subcontractor is not made on time, the owner may be liable for the payment and any additional penalties and interest. Also, if a contractor or
subcontractor is not paid as required by the agreement, he or she can suspend the performance of the contract without penalty for breach of contract until the appropriate payment is made.
The purpose of these contract damages is to compensate the non-breaching party in a contract. If a contractor or subcontractor provides a less than full performance or performs defectively, the cost of correcting the defective condition can be recovered. Although, if correcting the defect is unreasonably destructive to a contractor’s work, or the costs of correction are unreasonably high, the amount of damages awarded is the amount by which the property's value has been reduced. Depending on the circumstances, a property owner that has been harmed by a contractor's failure to perform may be able to recover the following:
- actual damages
- loss of use and enjoyment
- appraisal fees
- storage charges
- reasonable cost of rental or similar property
When is a General Contractor Liable for a Workplace Safety Issue?
A subcontractor’s employee who is injured on the job due to inadequate job site safety measures can also file a lawsuit for compensation. For example, if a subcontractor’s employee slips and falls off a roof because of poor working conditions, he or she may have a claim against the contractor for not ensuring the workplace is safe.
Under state and Federal laws, all contractors and site owners are responsible for providing a safe work environment to all employees. There are special laws in place that a construction accident lawyer can use to protect those who may have fallen of slipped while on the job. A construction accident lawyer knows that workers in all trades are exposed to a lot of dangerous conditions at work sites due to negligent and dangerous conditions created by the contractors, subcontractors, product manufacturers, and equipment suppliers.
In order to increase the safety of a workplace environment, proper signs are necessary wherever there is some sort of unsafe area. Some areas that must have signs or barricades are construction sites with dangerous cables, areas where electric equipment is exposed, floor openings, temporary walls, and an area where machinery is being used. The goal of signs and barricades is set to only allow access to the building sites to the authorized personnel. The construction area operator needs to ensure that no other individuals can access the places where there is potential danger. If the safety fences and barricades are utilized for traffic control, the signs need to properly state the reason for the barricade. When proper signs are used, it decreases the chance that someone not on the job site will get hurt.
Home Repairs and Remodeling Law
Are you considering re-modeling your home? There are several things to take into consideration before starting a major repair or remodeling project. You and the contractor must take several steps in order to get authorization and avoid issues with the city or inspectors. It is important to avoid any issues that may arise during a home project because they can be time-consuming and expensive.
We help homeowners and contractors take the proper steps to prepare home projects and avoid costly delays. Our attorneys are experienced fighting for the rights of the homeowners in construction lawsuits. If you or a loved one hired a contractor to remodel or do any kind of enhancements to owned property and the contractor of developer did not perform the duties that were written out in the contract, contact us right away!
What types of costs are involved with a construction site lawsuit?
Even though each construction accident case is different, most construction site lawsuits involve the fees for investigators, consultants and witnesses which include technicians and medical employees. Many of the costs are associated with evaluating the damages, the court expenses, and how many people will be involved in the case. The Law Firm of Gagnon Eisele and Rigby works on a contingent fee contract. This means that the lawyer agrees to be paid a fee only if you win the case, either by negotiation out of the courtroom or by a judgment of the court. The lawyer gets a portion of the final amount recovered in the case. This type of fee structure is very beneficial to the client because it does not require a large upfront charge. You do not need to worry about affording to represent yourself. Our attorneys will fight for you to get you the most out of your case.
Trust Our Firm for Your Litigation Needs
The Gagnon Eisele and Rigby Law Firm is made up of skilled lawyers with experience in handling commercial disputes and how to ensure you get the compensation you deserve. Call our attorneys at Gagnon Eisele and Rigby or contact us via our online form.