Construction law is the combination of all areas of law that apply to any construction work. The building process involves several parts and builders have to follow a large number of processes, rules and regulations. There are many things that they need to know and do before they ever nail the first piece of wood.
Like the following question on Nolo, which clearly represents issues solved by construction lawyers: My contractor is charging way more than what he estimated. What should I do?
People in the construction industry have to work with private entities and government representatives in order to conduct business and they must have effective methods for dispute resolution. Many people underestimate the value of hiring an attorney prior to signing a contract rather than when a disagreement begins. They view this as an added expense. However, doing so is generally a relatively modest investment when considering the problems taking this step can actually prevent.
Legal battles, complacent workers, delays in building, defective work, and cost overruns are some of the many issues you can potentially avoid when you hire an experienced construction law attorney from the beginning of a project.
There are many duties that a development lawyer will attempt after being engaged. A good attorney will handle all the legal issues involved with the entire project including financing, negotiating and creating contracts, and dealing with any settlement claims after the project has been completed.
From planning to completion, construction lawyers may represent the owners, designers, architects, material suppliers, contractors, and subcontractors. A construction lawyer will assist their client (whichever role they have in the enterprise) with scheduling, budgeting, fulfilling regulatory guidelines, contracting, submitting claims, and even terminations. They can also help with managing the compliance of state and local entities, claims of lien, and offering suggestions for financing options.
Inexperienced individuals believe that you need to hire a construction attorney only when questions happen or when somebody breaks an agreement during the development cycle. Hiring the right attorney at the beginning of the project is not only a preventative measure but can also be a huge time and money saver in case future dispute occurs.
When a conflict happens, it could potentially put your project on hold which could end up being a costly event for you, the hiring party or the buyer. You can also encounter court costs, attorney fees, claim compensation and more. However, if you take the initial step of hiring a lawyer at the beginning of the project, you will not need to waste any time bringing the attorney up to speed on the details of the situation at hand. They can go straight to addressing the issue immediately.
Whether you decide to hire a construction law attorney prior to beginning your project or when a dispute occurs, it is always best to look for an experienced lawyer that understands the complexities of construction litigation. It will save you a lot of money and headaches in the end and you will learn that an attorney many times can be your most trusted ally.
Attorneys have to be qualified to protect their clients’ business and legal rights through every phase of the business and project life cycle. Therefore the practice of construction law involves many different things. A construction lawyer must be well versed in a large variety of different types of law. On any given day, a construction lawyer might work on the following practice areas and topics:
Professionals in the construction industry often enter into contracts, and when things go wrong, the language in these contracts often ends up being very important. It’s critical for construction lawyers to help their clients carefully draft and review the contracts that they enter into. As many parties are already used to hiring their own lawyers, disputes often end happening on reviewing each others contracts and arguing on flaws the other party didn’t cover. Without a construction lawyer, you don’t have a chance if it gets to this point of litigation
Questions to ask your construction lawyer before hiring them.
- Are you qualified to handle my case?
- How will you be paid?
- Who in your office will handle my case?
- Are your fees negotiable?
- What costs will I incur to prosecute my case?
- What information is on your bill?
- What if I have a question about my bill?
- Do you have malpractice insurance?
- Will you represent me well?
- Should I keep copies of the records I send you?
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