Getting to Know Construction Law
From the basic construction design process to the various litigation phases, construction law can be complex and all-inclusive. Construction law is the body of law that regulates all aspects of the construction process. Specifically, construction law is designed to regulate what happens throughout the various stages of construction, including pre-construction design, development documents, and negotiations. Construction law covers a wide range of issues encountered by owners, contractors, subcontractors, and other professionals in the construction field. Ninety percent of construction disputes are related to problems that could have been avoided during the design or document process. For this reason, qualified legal counsel are prepared from a legal standpoint to plan for and solve construction problems before they arise or escalate . Construction law covers the various areas in the construction process, including: -The building process of a structure-The duties and obligations of the parties involved in a construction project-Contractual, statutory, planned departure liability-Claims for losses, damages, and injuries resulting from the construction of a building or structure-Breach of contract and warranty (building codes and zoning ordinances)-Enforcement of mechanics liens (right to a lien on property for a debt owed by the owner of the property)-Discretionary disqualification and suspension-Defective construction materials, equipment or products-Negligence resulting in the injury of workers on-site-Claims arising from regulatory noncompliance, or failure to follow environmental codes and ordinances.
The Advantages of Having a Local Construction Law Lawyer
Selecting a construction law attorney is even more critical when legal assistance is needed for an issue near or on a project. Local expertise and knowledge is invaluable as numerous issues can be resolved quickly for the benefit of all parties in the construction process. To this end, a seasoned construction law attorney can help you understand the local nuances of the law. Having community connections and an understanding of how issues are likely to be interpreted by local courts is what your local construction law attorney brings as part of their construction practice. Having an attorney who is located in your area, or at least one with a significant presence in the state where your issue is prevailing, will provide you with an added layer of expertise to resolve your construction project dispute.
Core Services of Construction Law Lawyers
Most construction law attorneys provide a wide range of services for clients in the construction industry, which include architects and engineers, general contractors and subcontractors, construction managers, developers, owners and bonding companies, financial institutions, public agencies, and sureties. It’s a highly complex area of law, requiring knowledge and experience across multiple disciplines and involving high stakes transactions.
Many factors influence commercial and industrial construction projects including which laws apply and how they are regulated, the sources of financing and which parties have the primary roles in a project.
On larger projects on the federal, state or local level, many factors impact how the project is procured, developed, designed, constructed and subsequently sold or leased.
The attorney you hire should have a fundamental understanding of how the industry works, including the processes, technologies and the types of people involved in a project. They should also have an understanding of lien laws, construction insurance, state licensing laws, warranty issues, design documents and all phases and types of construction contracts.
Typical Services: An experienced construction law attorney will be able to handle the following legal issues and areas of the law relating to construction:
How to Find the Right Construction Lawyer in Your Vicinity
Experience is the most important factor to consider when hiring a construction law attorney. Look for someone with a track record of handling cases similar to yours and who has achieved successful outcomes for their clients. It’s also important that the attorney has experience in the specific area of construction law that your case involves, such as contracts, liens, or construction defects. Specialization is another key criterion for selecting a construction law attorney. You want someone who specializes in construction law and stays up-to-date on the latest trends and developments in the industry. A specialized attorney will have a deeper understanding of the issues that arise in construction law cases and will be able to navigate them more effectively. Client reviews and referrals are also crucial when choosing a construction law attorney. Ask for referrals from friends or family members who have hired an attorney for construction law issues in the past. You can also read client reviews on online platforms like Yelp or Google. Look for attorneys with a track record of satisfied clients who have achieved successful outcomes in their cases. The attorney’s communication skills are also essential to the hiring process. You want someone who is responsive and easy to communicate with, keeping you informed every step of the way. Look for an attorney who takes the time to answer all your questions and explains things clearly. They should be accessible by phone or email and should be willing to meet with you in person if needed.
Inquiries for Your Construction Law Attorney
Once you have done your research on the background of your potential construction law attorney you should consider the following questions during your initial consultation with your attorney:
- Are there possible alternative avenues of resolution you can pursue that could make your case more favorable to you? For example, in a lost income case a creative construction law attorney would ask if the client has tried to become a "consultant" (thereby obtaining self-employment income) or even started a small "unincorporated" business. In a dispute over a construction contract, a smart construction attorney would consider if there is a way to re-draft the contract and/or whether there are other ways to solve the dispute.
- How do you handle costs and fees for your attorney’s services? You need to make sure you understand exactly how and when your attorney will charge you for work performed .
- How many cases has your attorney handled that are similar to yours? It is great to have an attorney who has experience, but you want to make sure that the experience is relevant to your case.
- How often and how do you communicate with your clients? Good communication is critical in any relationship, including the one between attorney and his or her client. Some attorneys are busier/less responsive than others.
- How long will it take to get my case resolved? As an attorney, I can tell you that some cases require longer than others. This is often completely out of the control of the attorney; however, it is important to be on the same page with your attorney on how long you should expect things to take.
- Are you representing anyone with an adverse claim to mine? You would hope that the answer to this question is "no." Most attorneys will only represent people or companies with claims or disputes against one another. The exceptions to this are attorneys who represent insureds with respect to claims made against their insurance policy.
Perks of Settling Construction Litigation with an Attorney
When a dispute arises, resolving it can take time and money away from the construction project itself. With an experienced construction attorney by your side, you may be able to reach an expedient resolution that protects your interests. Moreover, the outcome of your case will often be more equitable and just from a legal standpoint. For example, if you are a subcontractor who has yet to be paid for work on a project, you will want a favorable ruling in order to receive the compensation you deserve. If you are a general contractor whose work is being disparaged, you will undoubtedly want to prove that you met the terms of your contract and provided services of decent quality. The law firm you choose to represent you can also make your experience more affordable in the long run. An attorney will provide sound legal advice and evaluate the merits of your case. Depending on the findings, they can help you to avoid pursuing a lawsuit (and incurring related costs) if your outcome is likely to be unfavorable. Conversely, they will lead you down the right path if settlement or negotiation is not likely to yield a fair result.
Final Thoughts: Ensuring Your Future in Construction
Construction projects are massive undertakings that require a reliable and trustworthy legal partner from the very beginning. Having an attorney you can trust, who understands your needs and is committed to your success every step of the way, is crucial to your long-term success. An attorney who understands construction contract law and insurance liability issues is not only a valuable business partner but also an ally you need on your team .
Since construction projects are so involved, being able to discuss your needs with an attorney with extensive legal experience and knowledge of all applicable local laws, regulations, ordinances, codes and court rulings is important to your bottom line. Partnering with the right legal team to complete your project will ensure that you are protected and that you are able to move forward with the highest chance of success, every time.
Whether you are swinging the hammer or signing the checks, having the right construction law attorney advocating for you is in your best interest.