Any construction project is intricate, and sooner or later one or more of the parties involved are likely going to find themselves in need of legal assistance. A construction project involves many areas where litigation can arise, from regulatory issues, insurance, and employment and labor claims to contract disputes and payment issues. A construction lawyer is an expert in all of the complicated issues surrounding any building project. Here’s what you need to know about construction law and when it’s time to hire a construction lawyer.
Start off WellBecause a construction project is so very complex, and because there are so many different entities involved, one of the keys to keeping any construction project moving smoothly is the initial contract. The contract is the foundation of all construction law and essential to every part of the process from payments, to labor disputes, appeals court, commercial litigation, and just about anything else you can name. One of the specialties of a construction lawyer is understanding contracts and contract law. A good contract must contain all the protections and provisions necessary to cover all the parties involved, as well details concerning all the terms, definitions, contingencies, and time frames involved in a construction project. Crucially, once a contract has been written, it cannot go back and be adjusted without the agreement of all parties. The contract is binding, and it is written before anything else happens in any construction project. This has two implications. In the first place, one of the most valuable things that a construction attorney can do for any contractor is to help them draft a great contract that will cover all business relationships and every aspect of a project. Second, the best time to get a construction law firm on your side is before the project has begun. That’s the best way to ensure your rights are protected.
Get Expertise Knowledge
You are undoubtedly an expert in construction. However, a construction lawyer is an expert in the legal needs of any contractor, builder, or other entity involved in a construction project. A contract lawyer is a specialist in understanding legal rights and responsibilities, codes and regulations, labor law and employment law, as well as an expert negotiator conflict resolution manager. A construction lawyer can cut down on your research time, help you file a lien in a timely fashion, help you understand your rights when it comes to lawsuits for defects or design flaws, keep you in compliance with codes and regulations, and protect you in employee relations.
Mediation And Resolution
Unfortunately, many construction projects will eventually involve a dispute. The right construction lawyer will be able to provide a solution to satisfy all the parties involved and save clients as much time and aggravation as possible. According to the American Arbitration Association, the preferred method of conflict management for the construction industry is alternative dispute resolution. An arbitration case typically takes about eight months to resolve, which is far shorter than lawsuits that make it to court. A good contract lawyer will do everything possible to keep any dispute for entering the courts. In 2015, the American Arbitration Association oversaw 551 cases from the construction industry that had claims of over $500,000. The largest case ever resolved by just one arbitrator was for a claim of $232 million. When the stakes are that high, you need a construction lawyer who is knowledgeable about all of the legal options available to you. It’s important to have a construction lawyer on your side from the very beginning. If you do, you greatly reduce not only the risk that a need for arbitration will arise, but if it should, you have someone on your side who knows all the details of the project inside and out.
Having a good construction lawyer is essential for every contractor. A good construction lawyer will safeguard your rights from the very beginning and smooth the road as the project continues. Make sure that your business is covered when it comes to construction law.