Legal Issues a Construction Lawyer Can Help You With

The construction sector is one complex environment wherein lots of works and business transactions are dealt with legality or legal bases. Financial transactions, business agreements for any construction projects (buildings, highways, bridges, etc.) have to be put in place before commencing any of them. These transactions cannot be done without the help of legal representatives; this is the reason why legal services from construction lawyers are of great significance – they see to it that there are no legal hurdles for their clients who are venturing for a certain construction project.

But what specifically are the legal issues a construction attorney can help you or your company with? Below are some of the most common:

Dealing with bid protest – a construction lawyer can represent you at every level of public project development, including prosecuting and defending bid protests. A construction law firm usually has documented protests, and its lawyers usually appear before various local government agencies. They are experienced when it comes to handling this kind of work.

Contract review – contract review is necessary to every client in the construction industry and a lawyer who has specialized in construction law can help them when it comes to preparation and negotiation of a full range of construction contract, which includes legal matters like owner-builder agreement.

Construction Claims – construction lawyers can help you with all types of construction claims – enforcement and defense of mechanic’s liens, bond claims, government code claims – among other legal claims.

Handling dispute resolution – this is one of the most common legal works a construction lawyer can help you with – from negotiating resolution before formal litigation as well as mediation or arbitration.

Labor disputes – construction lawyer can also help you, most especially if you are running a construction company with a number of workers, in developing comprehensive employee policy manuals and employment agreement designed for your business’s unique needs. He can protect your business from unnecessary labor-related disputes. They can defend contractors in dealing with disputes with union trust funds, and other related matters.

Real time assistance – aside from working with you during the course of any legal works, a construction lawyer can also give real-time assessment so that you are guided in every legal transaction you are getting in, helping you and your business in handling legal-related matters.

Above are just few of so many things a construction lawyer can help you with.

What Is Construction Law?

Construction law in layman’s term mainly deals with the rules and regulation that will help to solve the disputes between the seller and buyer of a house in a legal way. From the initial step of bidding a specific building project, till the signing of contracts, many legal procedures are involved. If either of the parties does not participate in this process in a legal way, then legal action can be taken by the court, when a petition is filed. One of the most important of these laws is the government contract law. Some construction projects come under the control of the federal government, while the others come under the control of state government. These projects must abide by the contract law.

This law will also protect the laborers in the construction industry. Sudden accidents can lead to serious injuries in the workers. Hence the compensation scheme must be proposed for the victims. The workers’ compensation law also falls under the construction law. In order to construct the building according he government norms and also to satisfy the needs of the buyer, the contractor must exhibit good workmanship. If a specific decision taken by the contractor modifies a large proportion of the building design, it must be legally communicated to the buyer and the buyer must approve such modifications. Similarly, according to the construction law, the owner must also have a mutual agreement and cooperation with the building contractor. The buyer must not indulge in any activity that might hinder the progress of the construction work. If such situations arise, the contractor can file a complaint against the buyer. There have been many cases, where either the contractor or the buyer has lodged complaints against the other.

ABA forum is considered to be one of the largest associations dealing with the construction industry and comprises of close to 6000 lawyers. There are special council to take control of the different features of the building. For instance there is a seismic safety council that takes care of the risk of building damage due to earthquake. There are special bodies to take care of the safety aspects like the installation of the fire alarms or extinguishers and to check the presence of emergency exits. HUD provides loans for building renovation. When the contractors gain this amount and cheat, case can be filed against the for fraud. There are specific codes like national plumbing code or standard electric code, which must be followed during the building construction.

Construction Accident Attorney

Construction accident attorneys are legal professionals whose role is to cater for construction related accidents and incidents. Their responsibility lies in ensuring that the people injured in a construction site are well compensated by the ones responsible for those accidents. They cater all legal matters geared at sustaining legal proceedings against the employer/construction company and their respective insurance companies so that the accident victims are adequately compensated.

Jurisdiction

Construction accident attorneys are trained in areas of law to cater for the welfare of construction workers and other injured construction site stake holders. They serve a wide range of construction site accident prone workers like electricians, roofers, plumbers and cart operators, among others.

They operate on the premise that worker safety at the construction site lies squarely with the owners of the buildings and their contractors. The responsibility for the safety measures at the construction sites also lies with the site engineers and other registered construction site professionals like architects and designers. In fact, recent studies show that construction accidents mainly occur because of negligence and carelessness on the part of these professionals. It is therefore, the duty of the construction accident attorney to make these professionals accountable.

Working

Most construction accident attorneys are either employed at law firms or in private practice, based on their academic qualifications. However, most of them are employed by law firms whose target market is the construction and real estate industry. When accidents occur at construction sites, they are among the first people to be dispatched to the said construction sites. Their role is to collect relevant evidence, exhibits, testimonies, witness statements together with the police and other relevant reports from the site of the accident, adequate enough to help them sustain trial. Their biggest responsibility however lies in how much they can link contractor or employer negligence and carelessness to the accidents.

They also provide initial legal advice to the injured in terms of making legal representation, so that they are not swindled or harassed. On most occasions, they normally file immediate law suits against the parties whose failures led to the accidents, as soon as possible to avoid distortion and interference.

Costs and charges

Whereas construction accidents handle common legal rights issues, most construction accident attorneys charge differently for their services. Some of the factors that may affect the Construction accident attorney charges include:

1. Size of construction-The bigger the construction site, the higher the legal fees cost.

2. Size of settlement- Incidentally, the larger the settlement being sought, the higher the costs in legal fees.

3. Type of law firm- different law firms charge differently, according to their professionalism,

success rate and tradition which may vary the cost of their representation. Recent studies also reveal that there are umbrella organisations which offer free legal representation to the injured in these cases, and so on.

In general, construction accident attorneys play a very important role that is in the interests of any construction worker, regarding accidents at their lace of work. Looking through your city’s legal brochures and classifieds can help you get a suitable one if in need of one.