Page 97 - Cityview Magazine - July/August 2017
P. 97

Construction Legal Help
AT SOME POINT IN TIME, most setting out the scope of the work, cost with their contractor. We started by
of the project, timeline for completion, warranty provisions, and other necessary terms. A contract protects you as well as the contractor. Each party has a responsibility to perform. You should expect timely and quality work; the contractor expects timely payment upon completion. If you have any questions regarding a form contract presented by a contractor, consult an attorney to review and assist you with negotiations.
Sometimes, disputes are unavoidable. If you find yourself in such a situation, you may need the assistance of experienced legal counsel. A quick trip to the University of Google most likely will not give you enough information
to be your own attorney. You need to
be prepared to properly assert your position and be justly compensated.
Several years ago, a couple approached our firm and told us of
a dilemma with their newly built home. Despite their efforts, they had been unable to reach a resolution
of us will need the services of a
contractor. And even though we carefully research the project and get recommendations on which contractor to use, sometimes the project just doesn’t turn out as we expect. When the work is not done properly or other issues arise, we may spend countless hours trying to make it right.
In order to avoid unnecessary and costly construction disputes, consider the following: Interview multiple contractors, check references, and view the contractors’ work product before making a decision. Discuss your plans and objectives with the contractors so expectations are clear. If a contractor
is asking for payment in full prior to completing the work, beware! Small contractors may require a deposit for materials but there should always be a holdback (or, retainage) until the job is complete.
Perhaps most important, there should definitely be a written agreement
engaging a professional structural engineer. He was able to identify the cause of the problems and determine the contractor’s role in that failure. Armed with this knowledge we were able to successfully recover the clients’ damages through litigation. We have helped numerous clients navigate similar issues. In addition to litigation, we also help clients resolve construction disputes through mediation, arbitration, and general settlement negotiations.
At Stone & Hinds, we strive to assist all of our clients in the most efficient and effective ways possible.
Please call us or visit our website if you are experiencing a construction related issue. All of us at Stone and Hinds pride ourselves on being members of the community. You will see us in the grocery store, at little league games and at church. When you need us we will be there to serve you with aggressive professional representation.
865.546.6321 • 507 South Gay Street, Suite 700 • Knoxville, TN 3790 •

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