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Home » 5 Situations When a Construction Attorney is the Right Decision

5 Situations When a Construction Attorney is the Right Decision

October 31, 2022 //  by bizadvicenow

You spent a considerable amount of time planning the renovation of your home. Planning involved anticipating every potential problem that might arise during the course of the project. Unfortunately, a dispute has developed between you and the general contractor, and a resolution does not appear to be happening without the legal support provided by a construction attorney.

Hiring a construction attorney can help you address the five common situations that come between you and the general contractor responsible for completing your home improvement project.

Breach of Contract

Before the first day of a residential construction project, both parties should agree to a contract that legally binds both you and the general contractor to follow several terms. Despite agreeing to several contractual stipulations, the general contractor has breached at least one of the terms. Breach of contract can cause negative legal consequences that force both parties into litigation that can last several months, if not years until a judge decides which party should assume legal liability for causing monetary damages.

Hiring a construction attorney before drafting the project contract represents the most common situation when hiring a lawyer is the right decision to address real estate law issues such as construction defects.

Non-Payment

The general contractor hired to manage your construction project has violated one or more provisions written into a contract. You decided to withhold payment until the general contractor addresses a contract violation or several violations. In return, the general contractor has decided to take legal action against you to recover the financial losses generated by non-payment. To avoid a judge placing a mechanics lien against your property, hiring a construction attorney can help you resolve the contract dispute, without having to send payments to the general contractor.

Project Delays

Project delays represent one of the most common situations in which hiring a construction attorney is the right decision. A project delay can involve several issues, including bad weather, shortage of materials, and undependable special contractors. Whatever the reason for a project delay, the cost to you can run into tens of thousands of dollars.  Hiring a construction attorney might motivate the general contractor to take the steps necessary to get your project back on schedule.

Inferior Quality of Work

General contractors licensed to do business in California must follow some of the most stringent quality standards established by any other state. The general contractor hired to manage your project must ensure the project results in the meeting of all project specifications written into the construction contract, as well as adopt the highest standards for workplace safety. Most general contractors place an emphasis on protecting their reputations, which litigation tarnishes because of inferior quality of work. Hiring a highly-rated construction attorney can prevent quality issues from developing during the course of your project.

Using poor-quality materials represents a common reason for a quality of work issue to arise during a construction project.

Contractor Abandons Project

General contractors have several valid reasons for abandoning a residential construction project. However, not every reason is a valid one when a general contractor stops work on a home improvement or new residential development job. Whether the general contractor overseeing your project has run out of funding or has decided to change one or more provisions of the project contract, you have the right to pursue legal action to protect your investment.

Category: Construction attorneyTag: Construction attorney, construction dispute, construction service

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