Construction Site Safety Plan Generation – Reevaluating Your Approach

In the construction industry there are many risks which a company can experience, few of which are difficult to plan for. As a result of this hazardous industry there is usually a large focus which exists related to construction health and safety plans.

In fact, most governments demand that these companies produce the safety plans on a per job basis, assuring that each site have a customized plan of action relating to site safety. While most companies understand the importance that exists with safety, the steps which are needed to accomplish the generation of construction site safety plans proves to be a burden, affecting time on a job and the cost of a project.

The time and cost burden is often recognized as a result of the safety plan creation since many companies use hired legal services to generate them. Time and effort has to be placed in the creation of construction health and safety plans and several companies don’t see the value of hiring a person to accomplish this task. Rather they turn to legal services as their solution, as several companies’ do, to creating these required plans.

Needless to say no legal service is cheap, which is reflected in the high expense related to safety plans and the time it takes for these professionals to complete the task and usually impacts the burden of time on a construction project. Time and cost are often valuable factors related to a company’s ability to complete projects and the regular influence of legal services to create construction site safety plans is a chief con.

So, where can a company turn when they are trying to overcome the several cons which are related to creating these plans? Your best opportunity exists when you invest in the new solutions available with templates. When a company invests in templates, they are creating a new avenue of construction health and safety plan creation that is both low in price and time, when in comparison to the legal avenues. This permit a business to create their own plans using the simplistic layouts of templates. These templates feature easy use of personalization, allowing your business to create plans for any site in house rather than outsourcing to another company.

The opportunity to save money is the very first advantages out of the many that a company will have when they use the templates. Your associates could easily create construction site safety plans which meet the demands of the area without the need to pay costly legal fees. Time is saved since you no longer have to wait on the time frames of legal associates and can develop the plans when you require them.

Construction Litigation and Its Importance

Producing world class structures is crucial to the success of anyone involved in the construction industry. It’s important to keep the project moving along and finalize any necessary transactions in a timely manner in order to maintain a profitable enterprise. However, a number of things can go wrong during the process which could cost owners or companies a fortune.

Construction litigation can be quite complex due to the high number of parties and numerous moving parts involved. This creates several opportunities for issues to arise that can quickly skew the project’s deadline or halt the production all together. Someone dealing with construction litigation may deal with anything from material suppliers, to local government agencies that provide permits, to contractors, architects, property owners and the like.

Construction litigation can be broken down into several different yet overlapping segments. There are also sub segments to each of the main segments. The major segments consist of:

  • Contract negotiations and preparation
  • Liens and security interest to secure payment
  • Constructive defect litigation
  • Construction delay litigation
  • Personal injury litigation involving construction defects

Importance of Attorney Involvement

Construction litigation attorneys provide the greatest benefit for their clients through early involvement in the construction process. Having the attorney present at the inception of the project, as opposed to hiring once a problem arises, allows the client and the lawyer to work together toward common goals. Not to mention, it removes the potential for delay caused by teaching the newly hired attorney the logistics of the case. Considering time is crucial, spending time updating an attorney will only make things worse, especially if a big issue has occurred that must be worked out fairly quickly.

Stages of Construction Litigation

Before construction begins, it’s important identify and negotiate a realistic liquidated damage clause. It is a somewhat unenthusiastic, yet necessary part of the process. Reviewing all the relevant documents, gathering expert witnesses and discovering what the opposing side will argue will all be steps taken prior to the actual trial. Having an experienced construction litigation attorney will also prove extremely beneficial during this phase and into the trial stage. The trial stage involves the study and organization of all discovery documents produced and received, and all of the deposition testimony taken. Organizing witnesses and documentation during this phase will also be vital to ensuring a successful outcome.

Remember, litigation is a fluid, rapidly changing environment so it’s important to be realistic in the approach. Patience and determination are often necessary for the attainment of a feasible and pleasant outcome along with strategy, research and knowledge of the law.

Not Quite Legal in All 50 States

Go browsing on the Web for construction contracts and you’ll see braggadocio about some boilerplate contract being “legal in all 50 states.”
 
Claims like this show up on Web sites run by savvy people with good credentials but who should know better. Every state has the right to set unique requirements for construction contracts. And nearly all have. It’s simply foolish to claim any construction contract is “legal in all 50 states.”
 
You can take this to the bank: There’s no home improvement contract that’s legal in all 50 states. I’ll go one step further: There’s no contract for residential construction that’s legal in all 50 states. You won’t even find a contract for commercial construction that’s legal in most states. That’s not the way it works.
 
Construction contract law varies from state to state the same way income tax law varies from state to state. Imagine the reaction if you tried to file a New York or Texas income tax return with the Montana Department of Revenue. You’d probably be breaking the law in two states.
 
It’s the same with construction contracts. Nearly all states require specific disclosures, set unique limits or void certain types of clauses in construction contracts. No two states are alike. And most states impose heavy penalties for doing construction work under a contract that doesn’t meet state code. Fines up to $1,000 are common, as is the threat of jail time.
 
Even if you aren’t concerned about fines and jail time, consider the impact if you get into a dispute before collecting final payment. The attorney for your client won’t be impressed with your “legal in all 50 states” contract. More likely, you’ll discover that the contract is either partially or totally unenforceable under state law. Game over! You lose. Run, don’t walk, to the nearest exit. You’re not going to collect another dime on that contract. If opposing counsel is charitable, you’ll escape discipline from the state board. Persist and you’ll get an invitation to do the perp walk at a state hearing.
 
When you see the claim, “legal in all 50 states,” I recommend thinking “probably not legal in any state.” The latter is far more likely than the former.
 
So how do you judge if some boilerplate contract is legal? If you’re paying the $10 to $150 that most vendors change for a download, you’ve got the right to know: Is it really legal in my state?
 
I can recommend a Web site. It’s free. Construction-Contract.net has a good selection of state-specific home improvement, residential and commercial construction contracts. Even better, the site lists laws in each state that set minimums for construction contracts. Before buying any boilerplate contract or contract package, compare what the law requires in your state with what the vendor is offering. If the vendor’s contract comes up short, save your money.