Why You Need a Construction Contract Attorney
When embarking on a construction project, be it your home or office, you want to have a solid understanding of the process, the timeline, and the costs involved. As we’ve said many times before, clearly defining these parameters is essential for a successful project.
Far too often, construction contracts are presented as an afterthought. Those reviewing the contracts do not take the time to examine them thoroughly or seek the advice of an attorney, leading to vague language and potential issues down the road. Oftentimes, the contract language is so unclear that it leads to endless disputes, many of which could have been avoided with clearer terms .
A construction contract lawyer is well versed in the ins and outs of construction law and will ensure that you are protected every step of the way. This means that they will review the terms of your contract and explain them clearly so that you understand everything being asked of you. They will ensure that the contract is balanced and in your (the property owner’s) best interest. Your attorney will also make sure that all changes made to the contract are legal. A construction contract attorney with experience in the industry understands the kinds of language to include to protect your rights and your property.
How to Select a Construction Contract Attorney in Your City
When choosing a local construction contract attorney, you should first look for someone with experience in the specific area you need help with. For example, if you are a contractor working on a residential project, it makes sense to look for an attorney who understands the types of projects you’re involved in. The same thing goes for homeowners. You need a knowledgeable legal advisor who understands the unique challenges that come with these types of projects. If your contract was federal, for example, you’d want a lawyer with experience advising and advocating for clients with these sorts of projects. As you choose a construction contract attorney, it’s also helpful to look for someone with additional certifications, such as the Leadership in Energy and Environmental Design (LEED) designation. LEED certification has become a gold standard for sustainability and environmental considerations in building construction, and you’ll want to pick an attorney who is well-versed in the topic if you are planning to build sustainably. It’s also a good idea to select an attorney who is familiar with the laws, courts, procedures, judges, and personnel with whom they must interact frequently. In some areas, for example, there may be specialty court dockets that handle construction-related issues. These attorneys may have an edge over those who aren’t as familiar with the system in your region.
Typical Legal Concerns in a Construction Contract
Construction contracts often become the nucleus for disputes between the parties even when the contract is clearly one-sided. That reason is that business people generally sign important agreements without knowing the legal ramifications of what they’re signing. Then, when the contract becomes problematic, it’s too late to fix the contract or simply walk away from the project.
It is hard to imagine a situation where you would engage in a business deal as large as a construction contract without consulting with an attorney. Nevertheless, I see this all the time. Businesses view the negotiation process as a give and take, and they do not have the proper mind set when it comes to drafting a formal agreement.
Standard form agreements are subject to negotiation, but sometimes carve out dangerous provisions that should require legal review. What looks like a standard form contract could have detrimental effects on the owners of a building or construction project if something goes wrong.
Also, construction contracts should require periodic review and be reviewed for good business practices. Without review, an unfavorable contractual provision may become the norm, impacting parties on a long-term basis.
Resolving construction disputes takes place at the close of the contract when you either get paid or lose money. It’s hard to believe but some contractors simply refuse to pay money owed.
The most important thing you can do is go into the contract knowing your rights and obligations. Then, when and if disputes rise where litigation is potentially involved, you have leverage going into the dispute process.
Know exactly what you’re getting for your investment, and when possible, make sure you engage in the negotiation process in a manner that will avoid future conflict.
Why You Should Work with a Construction Contract Attorney Near You
The first advantage to hiring a construction contract attorney near you has already been alluded to. It is the ability to easily meet face to face and not be in a different time zone. Even the best of construction attorneys cannot be expected to be available all the time. In order to prepare and file notices on your behalf, file mechanic’s lien and bond claims and commence suits, all while communicating with you, good construction attorneys cannot devote all their time to any one client. Thus, they are not always available. However, it is crucial that you be able to meet with your attorney, or at least be able to secure an immediate phone appointment. If not, projects can fall behind .
The second advantage to hiring a construction contract attorney near you is that they may have local knowledge of relationships with the project owners, general contractors and subcontractors. This could get you the construction contract rights that you need.
If you live and work in Arizona, you do not want to hire a construction contact attorney in Atlanta. You might even have to order a local attorney to appear on your behalf in a far away court case if there is a bond and/or mechanic’s in play. None of that would be necessary if you hire a construction contract attorney nearby. If you are an Arizona contractor, it pays to hire an Arizona construction contract attorney such as Murray n Collins, P.C.
Inquiries to Make of Your Construction Contract Attorney
To help you determine the right attorney for your needs, consider asking the following questions:
How long have you been operating?
Experience is imperative when it comes to navigating the complex and ever-changing laws surrounding construction contracts. You’ll want to know how long they’ve been practicing and whether they have specialized experience in construction law.
Are you familiar with my project?
Not every construction project is the same. Some will involve a great deal of red tape or some other logistic hiccup that will require an attorney well versed in handling these issues. In addition to having experience with your type of project, it might be worth your while to ask if they have worked with or on your development team before .
How many similar projects have you taken to completion?
Projects can stop mid-way through for a number of reasons. In some cases, it’s possible to restart the same project. You will want an attorney who has helped take other projects to completion, especially in the event of a lawsuit against the developer who might be partially responsible if the project is derailed.
What outcome do you expect from my case?
A qualified attorney will be able to give you a good idea of what to expect for your case based on the facts at hand. Anything from a 50/50 shot that you win your case or a rundown of the worst possible outcome, a good attorney will be able to give you a realistic interpretation of your case.
What is my case likely to cost?
It’s a good idea to get a realistic idea of the costs involved in securing your representation.