Common topics which may arise in a Construction Law issue or dispute include:
Contract – this agreement in regards to the project will need to be drawn up and settled. With the help of an experienced lawyer, your contract will be clear and will protect both parties involved so the project goes as well as possible.
Remedies – this refers to payment for damages suffered by a person who files a civil suit. In Construction law, this may be monetary payment required to pay for a person’s losses from a construction accident or error.
Delay – when a contract stipulates a project to be completed within a certain time period, but there is a delay due to unforeseen circumstances or for some other reason, this may result in a construction law issue.
Consequences – a construction project may have unforeseen consequences not only to the structure or land being worked on, but other results as well.
Damages – this refers to the overall amount of money a person may be entitled to in a lawsuit where he or she is suing for losses suffered, including medical expenses, the cost of fixing damage to the property or making repairs, and more.
Subcontractor delays – when a subcontractor delays in completing work, this may result in a legal issue covered by construction law.
Delays – delays in construction, although unforeseen, can greatly affect a project and may result in a legal issue that needs immediate attention.
Contractor notice requirements – violation of contractor notice requirements, or a assumed violation of these requirements, can easily result in a serious legal matter.
Special Damages – these are damages awarded to a person for his or her direct losses suffered as a result of a breach of contract, negligence, and more.
Subcontracts – subcontracts are a necessity in many construction projects, in order for work to be done in time and properly. Subcontracts must be drawn up effectively, and any breaches of these contracts must be addressed quickly to avoid trouble and further legal disputes.
Disputes – disagreements, arguments or questions regarding contracts, performance, design, and a number of other factors all fall under this category. Any sort of construction dispute will result in hours of lost time and legal expenses.
Remedies for Subcontractor’s defective and late performance – damages may be awarded for a subcontractor’s delay or improper/unprofessional performance. Not only will this affect the property owner, it will affect the contractor who has promised a certain level of work in a certain time frame.
Termination and damages – when a construction contract is terminated, either party may be liable to certain damages, if they occurred as a result of a wrongful termination.
Subcontractor and owners – the relationship and contract between the subcontractor/s and owners will need to be sorted out, and any issues resolved.
Disputes between subcontractors – sometimes an issue or dispute may arise between subcontractors who are working on a project. These issues must be resolved with the help of an attorney who can protect the interests of everyone involved as well as the integrity of the project.
Liability to third parties – this issue arises when a third party, such as a pedestrian or other visitor to a construction site, is injured. If they file a personal injury claim, this will need to be addressed.
Negotiation, arbitration and court actions – whether it is during negotiations, arbitration or actual court proceedings, a skilled attorney will be able to assert your rights and protect your company.
Liabilities and rights of the owner, contractor, subcontractor and surety – extensive knowledge regarding the rights of a property owner, contractor, subcontractor or surety must be known, as well as what they may be held liable for.
Liens – when work commences on property, if the contractor is not paid in full or on time, he or she may be able to force a claim for payment against the property itself. This is known as a construction lien. Whether you are the victim of a lien or need to place a lien against a client’s property, an attorney can help.
Insurance: what’s insurable what’s not – you will need to know what is covered under your insurance policy. You need to make sure you are fully covered in case of any accident or other event which jeopardizes your project.
Uniform Commercial Code (UCC) – was created to unite all 50 states in regards to sales and other commercial transactions across the US. Issues concerning the UCC may arise in your construction project or business. With a skilled attorney by your side, you can avoid these issues or handle them when they do arise.
Negotiating Settlements – negotiation of a settlement may be a good option for your construction issue. With a settlement worked out outside of court, you can avoid lengthy and expensive court trials or arbitration.
Arbitration of disputes – if a settlement cannot be worked out easily, arbitration may be needed to resolve your construction issue. Still avoiding a formal court appearance, arbitration may work to resolve your dispute with less expense.
Owners/subcontractors. Other primes disputes – any disputes between owners, contractors and subcontractors require the attention and knowledge of a professional who can protect your interests.
Rights, remedies, disputes, claims and other demands faced by construction professionals – all will need special attention so you can focus on what counts: doing your job and completing the project.
Settling disputes while avoiding costly and time-consuming discovery – only a construction lawyer will be able to help you settle a dispute to avoid expensive and lengthy legal processes.
Arbitration or trial – whether you need representation in arbitration or trial, your attorney will be able to build a successful plan to defend your rights and your interests.