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.

How to Handle Construction Site Injuries and Construction Accident Claims

Progress is inevitable. That’s why more buildings are constructed every now and then. Thus, one can easily expect the number of construction site accidents to pile up as well. Although construction sites are undoubtedly a dangerous spot, it should not be used as an excuse not to provide construction workers a kind of security and protective measure that they enormously deserve. In fact, they should be provided with more safety programs and remunerative support especially when they are implicated in any construction-related accident. A personal injury attorney will be able to help an injured construction worker in terms of pursuing a claim for any compensatory damage while at work.

One of the tangible manifestations of progress is a series of tall edifices, countless constructions of new structural units, and construction of intricately-designed buildings. However, coupled to the growing number of buildings made year after year is the increasing number of construction workers getting injured and involved in life-threatening accidents. The more intricate the design of the building is the more difficult it is to build. As a result, the propensity to get involved in an accident at the construction site also increases.

When an accident happens in a construction site, is it largely due to the worker’s carelessness? Or is it by someone else’s negligence? Who should take the responsibility for a construction site accident? Is it solely the fault of the construction worker or it may be due to the shortcoming of the owner, architect, contractor, engineer, or firm? Personal injury attorneys will be able to help in determining who is largely responsible for it. Seeking legal counsel from personal injury lawyers is essential in finding out if you are eligible for compensation. Furthermore, the legal processes may seem complex and intimidating when claiming for a compensatory pay for injuries sustained at a construction site accident. For personal injury attorneys, dealing with any legal matter is their expertise. Thus, an accident lawyer is the best person to conduct the legal aspects of it. He will also be able to duly address the claim to the liable party. For instance, the company you work should ideally cover for the damages. However, it does not happen all the time. Oftentimes, the company is unable to provide monetary assistance to injured workers right away. This is why it is important to seek the legal expertise of an accident attorney. A highly experienced and skilled personal injury lawyer can help you attain the compensation you deserve as soon as possible.

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.