5 Critical Ways a Construction Attorney Protects Your Project
Having a seasoned construction attorney by your side can safeguard your project from unnecessary risks. With complex regulations and potential conflicts at each stage, expert legal guidance ensures that your project not only proceeds smoothly but also meets all necessary requirements. Here are five essential ways an attorney can protect your interests and help you avoid costly mistakes.
Ensuring Clear and Comprehensive Contracts
One of the most critical areas in construction projects is contract creation. A construction lawyer meticulously reviews every clause to ensure the terms cover your needs and protect against misunderstandings. Without a well-constructed contract, disputes can arise over scope, timelines, and costs, leading to delays and financial losses. By working with an attorney, you’ll establish clear expectations and reduce the chances of costly litigation.
Navigating Compliance and Regulatory Issues
Construction projects must comply with a range of local, state, and federal regulations. From zoning laws to safety codes, regulatory issues can halt progress if not properly addressed. A skilled construction attorney’s expertise ensures that every legal requirement is met, helping you avoid potential fines and project delays. Their knowledge of current regulations protects your project from unexpected legal complications, ensuring you stay focused on your goals.
Managing Risk and Liability
Construction projects carry inherent risks, from accidents on-site to property damage. A construction lawyer helps you assess these risks and develop strategies to minimize potential liabilities. By guiding you on the proper insurance and liability protections, they create a safer environment for everyone involved. This proactive approach not only saves you from potential claims but also contributes to smoother project execution in a number of valuable ways. Some of the essential protections offered by a construction lawyer include:
Liability assessments to address site safety and project risks
Insurance guidance to protect against unexpected incidents
Contract clauses that distribute responsibility fairly among parties
Advising on safety practices to meet compliance standards
Dispute resolution mechanisms for handling conflicts
Handling Disputes Effectively
In construction, disputes can occur even with careful planning. When conflicts arise, an experienced construction lawyer helps resolve them quickly, preventing project delays. From handling contract disagreements to resolving payment issues, they act as your advocate, seeking a fair and efficient outcome. Their authoritative approach to dispute resolution can save you time and resources, allowing your project to move forward with minimal disruption.
Protecting Your Financial Interests
Construction attorneys play a pivotal role in protecting your financial interests throughout the project. They ensure that you have favorable terms on all agreements, safeguarding your investments. With their support, you avoid unnecessary expenses and ensure that payments and budgets align with your original plans. This financial oversight can prove invaluable, especially when unexpected costs arise. Their focus on preserving your budget helps you achieve your vision without compromising on quality or facing unforeseen expenses.
Involving a construction attorney in your project adds a layer of expertise that keeps it secure and on track. They handle potential legal challenges, so you can focus on what matters most—completing your project with confidence.
How to Navigate Legal Challenges in Construction Projects
Construction projects, regardless of their size or scope, often encounter legal challenges that can cause significant delays, financial losses, and disputes. Whether you’re a property owner or a contractor, understanding the complexities of construction law is essential to minimizing these risks. Consulting a construction attorney at the outset of a project can help prevent potential legal pitfalls and provide guidance on how to handle disputes when they arise. Consider these legal challenges in construction projects and how to navigate them effectively.
Contractual Obligations
One of the most common legal issues in construction arises from poorly drafted or misunderstood contracts. Every construction project should have a clear, legally binding agreement that outlines the responsibilities of all parties involved. Contracts should specify timelines, costs, project scope, and the consequences of not meeting contractual terms. Construction lawyers emphasize the importance of thorough contract review before signing. This ensures that everyone is on the same page and reduces the likelihood of disputes.
Permits and Regulatory Compliance
Permits and regulatory compliance are other significant areas where legal challenges can arise in construction projects. Local, state, and federal regulations govern many aspects of construction, from zoning laws to environmental restrictions. Failing to secure the proper permits or comply with regulations can result in hefty fines, delays, or even the shutdown of a project. Consulting a construction law expert early in the planning phase is crucial to understanding these legal requirements and ensuring that your project is compliant.
Delays and Disputes
Delays are a frequent source of contention in construction, and they often lead to legal disputes between property owners and contractors. Weather, supply chain disruptions, or unforeseen site conditions can delay a project and lead to cost overruns. When delays happen, it’s important to refer back to the contract, which should outline how these issues will be handled. Construction lawyers can assist in interpreting contract provisions related to delays, helping parties avoid costly litigation.
Defects and Liability
Construction defects are another area where legal challenges often occur. Defects can range from minor cosmetic issues to serious structural problems that affect the safety and functionality of the building. When defects are discovered, the issue of liability becomes critical. Is the contractor, subcontractor, or materials supplier responsible? Construction law professionals recommend resolving defect claims through negotiation or mediation to avoid lengthy court battles.
Payment Disputes
Contractors and subcontractors may face difficulties getting paid on time or in full for their work, while property owners may withhold payment if they feel the job was not completed to their satisfaction. Construction lawyers often advise including detailed payment schedules and dispute resolution clauses in contracts to avoid these issues. If a payment dispute escalates, legal remedies such as mechanic’s liens or arbitration may be necessary to resolve the conflict.
Navigating the legal challenges that arise in construction projects requires careful planning, clear communication, and a solid understanding of construction law. By working closely with construction attorneys and construction law experts, property owners and contractors can ensure that their projects run smoothly.
Consulting a Construction Attorney for Risk Management Saves Money
Managing risks is essential in any construction project, whether large or small. Consulting a construction attorney at the beginning of a project can significantly reduce potential legal issues, which helps to control costs and prevent delays, avoiding many common pitfalls that lead to financial loss.
Understanding Legal Risks in Construction Projects
Construction projects involve complex contracts, multiple stakeholders, and potential for disputes. Without legal guidance, misunderstandings over contract terms, payment disputes, or safety violations can easily arise. A construction lawyer can help identify and mitigate these risks before they escalate. By ensuring clear contracts and compliance with local regulations, companies can avoid the high costs associated with litigation, penalties, or project delays.
The Role of Contracts in Risk Management
Contracts define the rights and responsibilities of all parties, including the scope of work, payment terms, and timelines. When contracts are vague or incomplete, disputes are more likely to occur. Construction attorneys can review, draft, or modify contracts to ensure that they are comprehensive and protect the interests of their clients. This includes incorporating clauses that address unforeseen circumstances, like weather delays or material shortages, that might affect the project’s timeline or budget.
Managing Compliance and Safety Regulations
Construction projects must adhere to a variety of safety and environmental regulations. Consulting a construction attorney ensures that all regulatory requirements are met, from proper zoning and permitting to worker safety standards. Construction lawyers are also instrumental in helping companies navigate the complex landscape of federal, state, and local laws that affect the construction industry. This allows businesses to avoid legal battles that can halt progress and drain financial resources.
Minimizing Dispute Resolution Costs
Despite careful planning, disputes may still arise during a construction project. These can involve disagreements between contractors and clients, issues with subcontractors, or problems with material suppliers. Construction attorneys can help minimize these costs by offering alternative dispute resolution methods, such as mediation or arbitration. These approaches are generally faster and less expensive than going to court, allowing construction projects to proceed with minimal disruption.
Protecting Against Liability Claims
In construction, liability is a significant concern. From accidents on-site to structural defects after completion, there are numerous ways that a project can become the subject of a liability claim. Without proper legal protections in place, these claims can lead to severe financial repercussions. A construction lawyer can ensure that adequate insurance is in place and that contracts include indemnity clauses that limit liability. By having these protections from the start, businesses can avoid costly legal fees and compensation payments if something goes wrong during or after the project.
Risk management is crucial to the success of any construction project, and consulting a construction attorney is a proactive step that can save money in the long run. From contract review to regulatory compliance, dispute resolution, and liability protection, construction attorneys provide the expertise needed to avoid costly legal issues. By addressing potential problems early and ensuring that all legal bases are covered, businesses can focus on completing their projects efficiently and within budget.
Top 5 Causes of Injuries in the Construction Industry
The construction industry is a vital part of the global economy. However, it is also one of the most hazardous industries, with a high rate of workplace injuries. Construction sites are fraught with risks, and understanding the leading causes of these injuries is crucial for improving safety standards. A construction attorney often deals with cases arising from these incidents, underscoring the importance of addressing these common hazards. As examples, here are the top 5 causes of injuries in the construction industry.
Falls from Heights
Falls are the leading cause of injuries and fatalities in the construction industry. Many construction projects require workers to operate at significant heights, whether on scaffolding, ladders, or rooftops. A construction lawyer often encounters cases where safety protocols are insufficient or not properly enforced, leading to severe injuries or even death. The lack of proper fall protection systems, such as guardrails, harnesses, and safety nets, contributes significantly to these accidents.
Struck by Objects
Being struck by falling, swinging, or flying objects is another common cause of injuries on construction sites. These accidents can occur when materials are not securely stored or when equipment is operated improperly. Workers are often at risk from unsecured tools, debris, and materials, especially in areas where overhead work is being conducted. Wearing appropriate personal protective equipment (PPE), such as hard hats and safety goggles, and maintaining organized workspaces can help mitigate the risks associated with being struck by objects.
Electrocutions
Electrocutions are a serious risk in the construction industry, often resulting from contact with live electrical wires or equipment. Many construction tasks involve working near power lines or using electrically powered tools, increasing the potential for accidents. Inadequate grounding of equipment, faulty wiring, and lack of training can exacerbate the risk of electrocution. To prevent these incidents, construction sites must ensure that all electrical installations comply with safety standards and that workers receive proper training in handling electrical equipment.
Binding Accidents
Caught-in/between accidents occur when a worker is caught, crushed, or trapped between equipment, vehicles, or structures. These incidents are particularly dangerous and can lead to severe injuries or fatalities. Heavy machinery, collapsing structures, and unguarded moving parts are common culprits in caught-in/between accidents. To prevent such occurrences, it is vital to ensure that machinery is well-maintained and equipped with safety guards.
Overexertion and Repetitive Motion Injuries
Overexertion and repetitive motion injuries are less dramatic than other types of construction injuries but are nonetheless significant. These injuries result from excessive physical effort, repetitive tasks, or improper lifting techniques. Over time, they can lead to musculoskeletal disorders, affecting a worker's ability to perform their duties. Implementing ergonomic practices, providing training on proper lifting techniques, and encouraging regular breaks can help reduce the incidence of these injuries.
The construction industry faces a variety of hazards that contribute to a high rate of workplace injuries. Addressing these issues reduces the need for legal interventions by a construction attorney. Enhanced safety practices and proper training are essential to creating a safer construction environment.
Construction Attorneys Serve the Industry from Architectural to Workmanship
Construction projects are multifaceted endeavors that involve a wide array of professionals and stages, each presenting its own set of challenges and legal considerations. From the initial architectural designs to the final touches of workmanship, construction attorneys play a crucial role in ensuring that these projects are completed smoothly and legally. Here, we will discuss the primary aspects of a construction project where the expertise of a construction attorney can be instrumental.
Contract Negotiation and Drafting
One of the primary roles of construction attorneys is to negotiate and draft contracts. At the inception of a project, multiple agreements need to be formulated. These contracts must be meticulously crafted to clearly outline the scope of work, timelines, payment terms, and responsibilities of each party. Attorneys for the construction industry ensure that all legal stipulations are met and that the contracts protect their client's interests. They also anticipate potential issues and include clauses to address them, such as provisions for delays, cost overruns, and change orders.
Regulatory Compliance
Construction projects must adhere to a myriad of local, state, and federal regulations. These can include zoning laws, building codes, environmental regulations, and safety standards. Construction attorneys ensure that the project complies with all relevant laws and regulations. This proactive approach helps prevent legal issues that could halt construction or result in costly fines.
Dispute Resolution
Despite the best efforts to prevent them, disputes can arise in any construction project. These disputes may involve contract breaches, delays, workmanship quality, or payment issues. By engaging a construction attorney early in a dispute, parties can often reach a resolution without lengthy and expensive litigation. Attorneys can help draft settlement agreements and advise on the best course of action through negotiations or court.
Risk Management
Every construction project carries inherent risks, including financial risks, safety hazards, and potential legal liabilities. Construction attorneys play a key role in identifying and managing these risks. They conduct thorough risk assessments and develop strategies to mitigate them. They also help clients understand their risk exposure and how to minimize it through careful planning and contractual protections.
Workmanship and Quality Control
Ensuring high-quality workmanship is vital for the success of a construction project. Construction attorneys assist in setting quality standards and enforcing them throughout the project. They review and draft warranties and guarantees that hold contractors accountable for their work. If issues arise with the quality of workmanship, attorneys help clients pursue remedies, whether through corrective work, compensation, or legal action.
Intellectual Property and Architectural Designs
Architectural designs and plans are often subject to intellectual property (IP) protections. Construction attorneys assist architects and developers in protecting their IP rights, ensuring that their designs are not copied or used without permission. This is particularly important in large projects where multiple parties might use or modify the original designs.
Construction attorneys serve as indispensable partners throughout the lifecycle of a construction project. By addressing potential legal issues proactively, construction attorneys help pave the way for successful and smooth project execution, safeguarding the interests of all parties involved.
How to Recognize a Reputable Construction Attorney
A construction attorney is essential to successfully navigating legal matters related to your construction site. But with so many attorneys to choose from, it can be difficult to know where to start in finding the right one for your needs. Fortunately, you can spot a reputable construction attorney by watching for a few key signs.
5 Key Qualities of Reputable Construction Attorneys
Some people might select their construction attorney based on a television or online ad that was witty or memorable. However, a sense of humor and money for advertisements does not mean a lawyer is reputable or qualified to handle your case. Instead, make sure that you look for the following five qualities:
1. Verifiable Experience in Construction Law
A reputable construction attorney will regularly practice this area of law and not dabble in it occasionally. Check that their experience is both recent and extensive. Typically, attorneys who are regularly engaged in construction law matters have demonstrated their competence for other clients consistently.
2. A Good Professional Reputation
Before hiring an attorney, ask the courthouse and people you know about the lawyer you are considering. You might speak with family, friends, and other legal professionals in the area. It is cause for concern if the attorney does not have a good reputation. Online reviews and rankings can also be helpful in determining a lawyer’s skills and capabilities.
3. Effort to Get to Know You During Your Consultation
A reputable construction attorney knows that they cannot give you meaningful advice if they do not understand your situation. During the consultation, it is a good sign if the lawyer asks questions about your project and needs before giving you any advice.
Conversely, an attorney who spends all the time trying to convince you to use their firm may not be able to provide you with the most accurate counsel.
4. Clear Communication
Attorneys who can explain legal principles clearly generally have a firm grasp of the subject matter. If an attorney’s answers to your questions are vague or use jargon that you do not understand, it could mean that they are not well-versed in construction law.
Without a solid understanding of the law, they could make costly errors that delay the resolution of your matter.
5. Trustworthiness
A competent attorney will leave you feeling that you are in capable hands. Pay attention to your instincts. If you feel uneasy or uncertain about hiring an attorney, do not retain them. You deserve to be represented by an attorney whom you trust with your legal matter while you attend to other concerns.
Take the Time to Find the Right Construction Attorney
Finding a reputable construction attorney might take some time. You may need to visit with several potential attorneys before you decide on the right one for your case. However, finding the best construction accident attorney for your case is worth your time — and can leave you with an outcome that benefits you for years to come.
Should I Hire a Construction Attorney to Resolve a Dispute With Equipment Rentals?
Homeowners have many reasons why they need to hire a construction attorney, from having to deal with project delays to instances when a contractor walks off a job. One reason why homeowners hire a construction attorney concerns cases when a contractor rents equipment to complete a project.
Renting equipment represents a vital component of doing business with a general contractor. Perhaps the project requested by a homeowner is unique enough that a general contractor does not have the equipment on hand to get the job done right. Whatever the reason, general contractors frequently use rental equipment to complete construction projects.
To protect your financial interests, hiring an experienced construction attorney at Alves Radcliffe makes sense to ensure you receive the utmost legal protections. A construction attorney prevents you from being exposed to unnecessary legal liabilities, as well as unexpected costs that send your construction project budget well beyond budget constraints.
What Do I Need to Know About an Equipment Rental Agreement?
A construction attorney prevents you from incurring unnecessary costs by first ensuring a construction equipment rental agreement contains several important clauses.
First, an equipment rental agreement must clearly state the rental fee, and then describe the length of the rental that includes the pickup and return dates of all equipment. You also should know which party is legally responsible for picking up and returning the rented construction equipment. Second, the rental agreement must include a detailed description of the rented equipment, which should include details as specific as the serial number of the equipment. Third, the names of all parties involved in the construction project should be listed on the rental agreement. Finally, the rental agreement must state the rights and legal liabilities for all parties concerning the repairs required to fix damaged equipment.
Why Do Legal Issues Develop With Construction Rental Agreements?
Construction rental agreements come under legal scrutiny for many of the same reasons why disputes arise during construction projects. A construction equipment rental contract might be written poorly, which makes it difficult to administer the contract. You might need a construction attorney to help clear up any contract misunderstandings. Errors and/or omissions might make a construction equipment rental contract null and void, which means you do not have any legal obligation to fulfill your end of the contract. A project delay is another reason why equipment rental contracts lose their legal standing, as well as any unsubstantiated claims made by any party impacted by a construction equipment rental contract.
Get the Legal Support That You Deserve
At Alves Radcliffe, our construction attorneys help clients avoid costly legal issues by meticulously reviewing a construction equipment rental contract. We ensure the wording of a contract meets all of your specifications, such as fitting within your budget and covering any potential project delays. Your construction attorney from Alves Radcliffe also defines the circumstances that allow you to terminate the equipment rental contract to avoid costly legal issues.
4 Frustrating Scenarios When a Construction Attorney Can Get Results
Construction projects can test the patience of the most patient homeowners, especially when legal issues arise that place a construction project in jeopardy of falling apart. A construction attorney can help you avoid costly and time-consuming litigation by negotiating a settlement that prevents any legal issues from seeing the inside of a courtroom. If your case goes to the trial phase of a litigation process, an experienced construction attorney from Alves Radcliffe presents the strongest case possible to help you get a favorable outcome.
Although construction litigation is a costly and time-consuming process, not every construction case is created equal. Some construction cases are much more frustrating to deal with than other types of construction cases. Let’s review four frustrating scenarios when a construction attorney can get results.
Project Delay
Your construction project can go smoothly for several weeks, even months, until a sudden change puts your project behind schedule. Project delays are one of the most frustrating events associated with construction projects. From a shortage of materials to the inability to recruit and retain the most skilled trade professionals, one or more reasons can force the general contractor of your project to stop working. Hiring a construction attorney might be the impetus that gets your construction project back on track.
Breach of Contract
When you sign a construction contract, you are expected to follow every clause written into the contract. You fulfilled your legal obligations, but the same cannot be said for the general contractor that you hired to manage the entire project. A breach of contract case is frustrating for several reasons, including that it causes a project delay, as well as forces both parties into the litigation process that can take months to resolve. An experienced construction attorney hired before drafting a construction contract is the most effective way to prevent the development of a breach of contract case.
Inferior Quality of Work
Inferior quality of work is a frustrating legal issue because which party has the right to define “inferior quality.” As the licensed and certified professional overseeing the construction project, the general contractor might insist that your claim of inferior work does not have legal merit. This is when a construction attorney makes the difference between increasing your frustration level and getting the result you feel represents the highest quality of work. One of the most important issues surrounding inferior quality of work is that it can compromise workplace safety.
Nonpayment
If you face any of the legal issues previously discussed, you have a limited number of options to address the legal issues. The most effective way to address a legal issue that arises from a construction dispute is to withhold payment to the general contractor. One of two events can follow after you withhold payment from a general contractor. First, the general contractor changes course and corrects the legal issue. Second, the general contractor might take legal action against you in the form of filing a mechanic's lien. If you receive a notice of a mechanic’s lien filed against you, a construction attorney can step in to prevent the mechanic’s lien from costing you money.
The Art of Crafting Airtight Construction Contracts
The art of crafting a construction contract is one of the most important, if not the most important responsibilities of your construction attorney. As a legal document, a construction contract defines a wide variety of agreements between a property owner and a general contractor. It establishes the expectations of both parties, as well as describes the details of a project that allows the project to move forward in a timely manner. Without a construction contract, common disputes might erupt, without a legal mechanism to resolve the disputes.
With Alves Radcliffe in your corner, a construction contract should include the following details:
Contact Information
Every section of the contact information should be fully completed for a construction contract to represent a legal document that is considered valid. This includes both parties providing their legal names, as well as addresses and phone numbers. The contact information is typically located at the beginning of a construction contract. Without a fully completed contact information section and/or the addition of incorrect information, any legal disputes might not get resolved because the contract is not legally valid.
Work Description
This section gives a homeowner legal protection against a general contractor because it clearly spells out the description of all the work that is expected to be completed. Your construction attorney hammers out the construction work details with the general contractor and the general contractor’s lawyer. A work description section that does not clearly define work descriptions might make it difficult to prove a general contractor and/or a subcontractor failed to meet contractual obligations.
Work Schedule
Although a detailed work description can help you avoid costly and time-consuming legal action, this section means nothing without the addition of a work schedule. A work schedule section describes the start and finish dates of a construction project. It also sets important milestones for a general contractor to receive compensation. Your construction attorney should list certain events such as weather delays and supply chain disruptions that allow the general contractor to miss important work schedule milestones.
Cost Estimate
This section is the estimated cost that is broken down into major categories and sub-categories for expenses. The cost estimate section is the value of the project that a homeowner budgets for from start to finish. Your construction attorney lists costs in as much detail as possible to ensure your project remains within the budget. The cost estimate section also should describe the payment terms that involve the amount and the date of each payment.
Dispute Resolution Clause
If a construction project dispute arises, a construction contract should include a section that defines how both parties plan to resolve the dispute. Some of the most common types of dispute resolutions include arbitration and mediation. The goal of a dispute resolution agreement is to avoid getting involved in civil litigation, which costs you both time and money. A dispute resolution process is important for both parties, especially if they want to preserve a long-term professional relationship.
Finally, both parties should agree on which party assumes authority over specified project decisions. Although a general contract assumes authority over most decisions, a construction project can involve several contractors who make decisions that concern their trade specializations.
Why is It Important to Have a Construction Attorney On Board?
Preparing for a construction project requires keen attention to detail. You have to devise a realistic budget that covers what you want done to improve the appearance of your property. Then, the time arrives for you to hire a general contractor who manages every step of the construction project. You must ensure that you comply with all zoning ordinances, as well as any restrictions put in place by your homeowner’s association. One step that you might neglect to check off your to-do list is to have a construction attorney on board.
At Alves Radcliffe, we help homeowners and other types of property owners avoid costly litigation by addressing legal issues before they spiral out of control. Let’s see why it is important to have a construction attorney on board before the start of your construction project.
Review Proposed Contract
One of the most important roles of a construction attorney is to prevent legal issues from arising during your construction project. The most effective way to accomplish this goal involves conducting an extensive review of the construction contract. Your construction attorney determines whether the proposed construction contract is valid, as well as suggests provisions that you should add to the legally binding document.
A construction attorney also finds a way to end all contract disputes.
Construction Defects
One or more construction defects can decrease the value of your home. From the addition of poorly aligned siding to a new roof that does not keep out rain, you might have to confront the general contractor about construction defects. Having a construction attorney on board helps you resolve disputes concerning one or more construction defects.
An unethical contractor might try to take advantage of your lack of construction industry knowledge.
Unwarranted Project Delays
You can expect at least one delay during your home construction project. The issue is not whether you have to deal with a delay or two. Instead, the question involves deciding whether the delay is valid. Weather disrupts home construction projects, from torrid heatwaves to severe thunderstorms. Having a construction attorney on board helps you define what constitutes a valid weather delay, as well as how long the general contractor can wait to start work again.
Address a Mechanic’s Lien
If a construction dispute arises, the smart thing for you to do is withhold payment until your construction attorney helps you resolve the dispute. However, the general contractor might fight back against withheld revenue by filing a mechanic’s lien, which is a legal document requesting payment for the general contractor’s services up to a certain point. Having a construction attorney on board ensures you pay for the services provided as listed in the construction contract.
Put a Construction Attorney in Retainer
Having a construction attorney on board before the start of your project requires you to put a lawyer on retainer. A retainer fee is a type of compensation that pays a construction attorney for future services. Whether a contractor wrongly abandons a project or uses shoddy materials to remodel your home, having a construction attorney on retainer ensures you receive immediate legal support when you need it.
Construction Attorneys Help Subcontractors Settle Issues
When you think of a construction attorney, you probably think of a lawyer who represents a property owner who has sustained financial losses as the result of the negligence committed by a general contractor. At Alves Radcliffe, most of the cases that we handle concern the legal grievance or grievances that a property owner has with a general contractor as the result of a failed construction project. However, we also represent another type of client that has endured the financial losses caused by a general contractor.
Our law firm represents subcontractors who have sustained financial losses as the result of the negligence committed by a general contractor.
Construction law addresses the legal issues that arise because of the breaching of state, local, and federal laws. A construction attorney represents several types of clients who have a wide variety of legal complaints, such as construction defects and the use of faulty materials. We represent homeowners, as well as the owners of commercial buildings. Other clients that we have represented include architects, developers, and construction project managers. In addition, a significant number of our clients are subcontractors who want to file a legal complaint for one or more reasons.
Breach of contract represents one of the most common reasons why subcontractors file legal complaints against general contractors. A breach of contract can involve failing to pay for specified materials or terminating a contract before a project ends. Another common reason for a subcontractor to file a lawsuit against a general contractor concerns compensation. A general contractor who stops paying a subcontractor for work already completed might face legal ramifications in the form of a civil lawsuit. If you are a subcontractor who sustained one or more injuries while under the supervision of a general contractor, you might qualify to file a workers’ compensation claim.
What Are the Ways to Resolve a Dispute Between a Subcontractor and a General Contractor?
Subcontractors have four ways to resolve a legal dispute with a general contractor. Mediation involves the participation of a neutral third party who issues a non-binding decision. A mediator encourages discussions between both parties, while also stressing areas of agreement and helping to bridge differences. On the other hand, arbitration leads to a binding decision issued as the result of the arbitration provisions written into a construction. As the third way to resolve a legal dispute, both parties can negotiate a settlement that keeps a legal case from entering the trial phase of the litigation process. Finally, litigation should be the last recourse for resolving a legal case between a subcontractor and a general contractor.
How a Construction Attorney Helps a Subcontractor
Hiring a construction attorney might be enough to convince a general contractor to resolve a legal conflict outside of the judicial system. Negotiating a settlement can save you a considerable amount of time and money. However, a construction lawyer also helps a subcontractor avoid getting into a legal conflict with a general contractor. Your lawyer meticulously reviews the proposed construction contract to ensure you have all the legal bases covered. A construction attorney maintains all the documents required to take legal action, if necessary. Gathering physical evidence also is an important part of a construction attorney’s legal services.
Hiring a construction attorney to resolve a conflict with a general contractor can be the difference between resolving your case quickly or being embroiled in a legal dispute for years to come.
Should I Hire a Construction Attorney for Contractor-Damaged Buildings?
General contractors should possess the professional credentials required to complete a first-rate construction project. However, even with the right licenses and credentials, a general contractor can make a mistake that causes damage to your building. Whether a contractor damages the roof during a renovation or floods the basement while installing new equipment, should you hire a construction attorney if the contractor damaged the building?
The answer is an emphatic yes.
At Alves Radcliffe, we represent property owners who face financial losses generated by a general contractor. From a contractor walking off the job to working with shoddy materials, you have the legal right to recover the losses associated with a general contractor’s negligence. A construction attorney conducts a detailed investigation to collect physical evidence. Your lawyer reviews the construction contract to determine whether the contractor violated one or more provisions. With the help of a construction attorney, you file the legal documents required to initiate a lawsuit. Instead of going through with the lawsuit, the contractor’s lawyer might agree to negotiate a settlement with your construction attorney.
Now that you know why it is important to seek legal counsel after a contractor has damaged your building, let’s review what to look for in a qualified construction attorney to handle your experience.
Experience
A construction attorney straight out of law school is not going to have the experience you need to win your case. However, evaluating a construction attorney strictly on the number of years litigating cases is not enough to make the right hiring decision. You should consider construction attorneys who have accumulated several years of experience winning legal judgments concerning cases that involve damage to a building. Working a case involving damage to a building requires a unique set of investigative skills because of the need to acquire physical evidence that proves the building sustained damage.
Responsive Communicator
Construction lawyers work several cases at the same time. However, this does not mean the construction attorney that you hire should put your case on the back burner. You should receive the type of attention that makes your case seem like it’s the most important case on your construction attorney’s docket. Your lawyer should respond promptly to all questions via text, email, and phone messages, with the preferred time limit being within 24 hours of you reaching out to your lawyer.
The best way to measure the responsiveness of an attorney is to leave a message with the lawyer’s office during the vetting process.
Open to Negotiations
Suing a general contractor for causing damage to your building can take years to resolve if the case goes to the trial phase of the civil lawsuit process. The most effective way to avoid litigation involves trying to find common ground that ends the case before it reaches the trial phase. Your construction attorney must be open to negotiating a settlement to help you save both time and money. In addition, the lawyer that you hire should demonstrate the attorney has worked several cases in which both parties reached a settlement.
Negotiating a settlement requires different legal skills than litigating a civil case in front of a judge.