Construction law involves addressing several legal issues that concern the construction industry. Municipal, state, and federal statutes govern different phases of the residential construction process. A construction attorney can represent clients to address legal issues such as contract negotiations, construction defects, and the construction project bidding process. Construction lawyers also ensure full compliance with building codes and planning permits, as well as safety and environmental regulations established at the state and federal levels. A construction attorney also can represent clients that sustained injuries at a construction site. Insurance claims represent another area of construction law.
What Types of Clients Can a Construction Attorney Represent?
Residential construction projects range in scope from short-term home improvement projects to long-term neighborhood development projects. A construction attorney can represent general and special contractors, as well as architects, developers, and construction managers. Some construction lawyers represent lenders that are owed money, while other construction attorneys work for insurance companies to settle claims.
A significant number of construction lawyers represent homeowners and other types of property owners. Construction attorneys also can represent construction workers that have sustained injuries in the workplace.
If you face a legal issue regarding a construction project, you should work with a construction attorney who specializes in handling your type of case.
What Are the Most Common Legal Issues Addresses by a Construction Attorney?
Construction lawyers who represent homeowners and other types of property owners address five common legal issues.
A homeowner withholds payments when a contractor violates one or more provisions of a contract. In return, the contractor facing withheld pay decides to file a mechanic’s lien against the homeowner’s property. A construction attorney helps the homeowner resolve the dispute that led to nonpayment.
Breach of Contract
As a form of business and commercial law, breaching a contract produces one or more serious legal consequences. If a general contractor has violated one or more provisions of a construction contract, a construction lawyer can help you resolve the dispute.
Construction project delays can cost a homeowner a substantial amount of money. From bad weather to supply chain disruptions, a residential construction project can quickly fall behind schedule. The role of a construction attorney is to help get a residential construction project back on schedule.
Despite conducting extensive research, you hired a general contractor that has produced inferior work. The general contractor hired to manage a residential construction project is responsible for meeting all quality specifications, while creating a safe workplace for both employees and visitors to the construction site.
Premature End to a Project
A general contractor that prematurely ends a residential construction project might be held legally liable for abandoning the construction project. A construction attorney reviews the construction contract before determining how to proceed with taking legal action against the general contractor.
What Questions Should I Ask a Construction Attorney?
When you meet with a construction lawyer for a free case evaluation, make sure to be prepared to ask several questions. You want to discover how much experience the attorney has in handling similar cases. The attorney should explain the types of legal services offered, as well as describe your options for resolving a legal dispute. Most construction disputes can be resolved through negotiations instead of filing a civil lawsuit that seeks monetary damages. You also should come away from the free case evaluation with an understanding of the legal fees, as well as the billing options offered by the construction attorney.