A construction attorney can be a huge help for many businesses and contractors throughout the construction process. With their extensive knowledge of construction law, these attorneys can help construction companies manage contracts, payments, employee disputes, and more. Read this short guide to learn about all the responsibilities of a construction attorney and how they help you with your legal needs.
Roles Of A Construction Attorney
Here are the areas in which many construction attorneys specialize and how they can assist you with your legal needs.
Alternative Dispute Resolutions
Alternative dispute resolutions involve mediation, arbitration, and other forms of settling cases outside of litigation. Mediation involves a guided negotiation between both parties in a case, while arbitration is a shortened version of a traditionally litigated case. Both methods can decrease the time and money spent on a case before it is resolved.
Bankruptcy
If your construction company faces bankruptcy for any reason, a construction attorney can help you get through the process as favorably as possible. Their understanding of the construction industry can help them support you better than an attorney who more generally works in bankruptcy for other businesses.
Construction Claims
Claims related to construction contracts typically arise due to delays, changes, unforeseen circumstances, insufficient information, and other conflicts related to a construction project. The person making the claim may seek to be compensated for losses and expenses occurring from missed deadlines or improperly completed work. Whether your firm is making the claim or defending itself against one, a construction attorney can assist you with resolving it quickly.
Construction Liens
Construction liens are put in place to protect workers from nonpayment for services that have been successfully completed. The laws surrounding construction liens vary from state to state, and having an attorney who fully understands your state’s regulations can help you get the money you are owed if a client refuses to pay your fees for any reason. A construction attorney can also create the lien terms and ensure that it is legally placed and removed in a timely manner.
Labor Issues
Labor disputes can occur if an employer is in violation of union rules, if an employee feels they have been mistreated, or if an employer is unable to resolve a problem with an employee. These disputes can take up time that may be saved by working with an attorney who specializes in construction law and the unique circumstances surrounding working in this industry. Construction attorneys offer a range of services designed to resolve these, from arbitration to negotiation with union leaders.
Insurance Issues
Construction companies and their employees must be covered by insurance that protects both the work they have completed and their own health and safety. An attorney may be able to help you select the best policies for your company and deal with any legal concerns that may arise regarding your insurance, such as unpaid claims or invalid claims submitted by employees.
How a Construction Attorney Can Help
Construction attorneys provide a variety of services that can help you maintain control of your business and prevent future liabilities. They are able to review and prepare contracts that protect your interests and provide clear paths for resolving any issues that may occur. In the event that your contract is violated, a construction attorney can support you in filing a claim and demanding payment. Construction attorneys also create and bid for proposals or protest and challenge un-awarded proposals. Working with a construction attorney can help you protect your business, employees, and income by preventing legal liabilities and handling any legal cases in which you become involved.
When Should You Hire a Construction Attorney?
Thanks to their extensive legal knowledge, construction attorneys can make any stage of the construction process easier. You may want to consider employing one at the beginning of a project, when you are applying for a permit or need government approval for a project. Construction attorneys can also help you adhere to local, state, federal, and environmental regulations, preventing easily-avoided disputes.
Contract review and preparation are also key areas in which a construction attorney can be a valuable ally. An attorney can assist in the project planning process, then translate your needs to make that project happen into a clear contract that protects your interests. They may also be able to compile other legal documents to supplement your project or protect it from lawsuits.
Finally, construction attorneys are well versed in labor laws and disputes. They can help you settle cases between employees and employers, whether through mediation, settlement, or litigation. Consider hiring a construction attorney if you are faced with a labor dispute of any kind.
Hiring a Construction Attorney
Speak to the construction attorneys at OFP Law for more information. The firm specializes in business and construction law and can provide assistance with a wide range of related cases, including arbitration, bankruptcy, construction liens, payments, and more. OFP Law provides free consultations that can help you understand the legal solutions to your case and create a customized plan of action to bring it to a resolution.