The Function of Construction Contract Attorneys
Construction contract lawyers and construction contract attorneys play an integral role in helping individuals, companies, and corporations with the drafting, formation, signing, and enforcement of contracts. Construction contract lawyers frequently handle real estate contracts, residential contracts, and other types of construction contracts. Contract disputes have led to numerous lawsuits. Disputes may arise when one party fails to uphold the terms of the contract and another party files a construction litigation lawsuit. Construction litigation contracts usually arise from claims such as delays in construction, defective construction work, and cost overruns . The parties to the lawsuit may include general contractors and subcontractors, homeowners and developers, or banking and financial institutions and contractors. Because construction contracts are legally binding, if either party fails to uphold their end of the agreement, a civil action lawsuit may be required. Battling against a legal claim alone can be exceedingly difficult, which is why it is paramount to hire a construction contract lawyer. Not only can a construction contract lawyer review your case with you, but a lawyer can also represent you in a court of law.
Essential Expertise of a Construction Contract Attorney
A competent construction contract lawyer should possess several essential skills and qualifications that set them apart. These skills not only help in drafting clear and enforceable contracts but also in resolving disputes effectively should they arise.
One of the paramount skills a construction contract lawyer should demonstrate is negotiation. Negotiation is a critical component of contractual relationships in construction. A client need not necessarily be an adversary; rather, the lawyer’s goal should be to ensure that both parties fully understand the terms of the agreement and find them agreeable. A failure to negotiate the terms of a contract clearly can lead to costly and time-consuming litigation down the road.
In addition to negotiation, a construction contract lawyer must be adept at contract analysis. This skill involves being able to read and interpret complex legal jargon commonly found in construction contracts. A good lawyer will be able to identify potential pitfalls in a proposed contract, as well as clauses that could be more favorable or less favorable to their client. Contract analysis extends beyond the formation stage and is an ongoing necessity for resolving disputes that may arise during the execution of a project.
Dispute resolution is another critical skill for a construction contract lawyer. If a disagreement arises during a construction project, the lawyer must be able to guide their client in selecting the most efficient form of dispute resolution. This may involve mediation, arbitration, or, in some cases, litigation. The lawyer must be experienced and knowledgeable in the various forms of dispute resolution, as each has its advantages and disadvantages in the context of construction contracts.
In addition to these specific acquired skills, construction contract lawyers should also possess certain underlying qualifications. For example, a thorough understanding of local and state ordinances relating to construction law is necessary to draft valid contracts. They should also have a basic understanding of construction processes and project management. Many successful construction contract lawyers possess an academic background to support their legal skills, such as a degree in engineering or construction management.
The ability to give good legal advice is the final, and perhaps most essential, skill that should be possessed by a construction contract lawyer. After all, drafting and interpretation of contracts are central to any construction law practice. A skilled lawyer will be able to predict the likelihood of various outcomes and advise their client on the best way to proceed in both the creation of a contract and in the event of a dispute.
The Advantages of Working with Local Construction Contract Attorneys
A significant advantage to hiring construction contract lawyers within your local area is that they will have a better grasp of the rules and regulations governing construction projects. Every locality has its own unique set of ordinances and codes when it comes to construction projects. Local construction contract lawyers will be more familiar with these ordinances than those from outside the area. This is especially true in areas like New York, Chicago, and Los Angeles where the regulations can be quite elaborate and across many governing bodies. People can waste a lot of time and money trying to figure out which local agencies are responsible for what and how to comply with their rules. Local construction contract lawyers will have a clear understanding of what needs to be done and can help to guide a person through the approval process.
Another reason to hire local construction contract lawyers is that they have a significant knowledge of the trends and practices in the construction industry, which is beneficial both to property owners and contractors. Oftentimes, construction contracts will specify which location law governs the contract. If the contractor is from another state yet working on a project here, if a dispute should arise, this could end up costing the local party where the property or project is located. Local construction contract lawyers will know the local workings of construction and construction practices and how to write contracts accordingly.
Inquiries to Make of Your Construction Contract Attorney
When seeking out the finest construction contract lawyer, there are certain questions that you could put out there to help sort the wheat from the chaff. The following is a shortlist of queries to toss out during your initial meeting with a potential legal representative for your construction contract needs:
1. Have you litigated construction contracts or acted as counsel in any construction contract negotiations?
Any attorney worth his or her salt should have experience in both litigating and negotiating construction contracts. Of course, you want to hire an attorney who spends most of his or her working hours engaged in representing clients in construction contract disputes.
2. Do you practice construction contract law?
It seems painfully obvious that you will want to hire a construction contract attorney, but some firms put inexperienced lawyers up front to handle your initial consultation. Don’t forget to ask your construction contract lawyer if he or she practices exclusively in that area of construction law, as well as the last time the lawyer handled a case similar to yours.
3. Will you accept responsibility for my case?
There are a million reasons why your construction contract lawyer may not have been able to handle a case similar to yours, from professional incompetence to something else entirely. Trouble is that many attorneys don’t admit their lack of expertise. You need to know that your construction contract lawyer has no compunction about passing your case off to another lawyer in the firm to cover his or her posterior.
4. When will you be accessible to me and how do I contact you?
We all know that lawyers are often not the easiest people to reach, especially when you "need" to talk to them. You need to know that you can reach your construction contract lawyer when you need him or her and how to contact the person, even if the attorney isn’t at the office.
5. How often will you give me updates and will I always meet with you, or with someone else in the firm?
Though your construction contract lawyer probably won’t be able to make time for you to meet every week or even every month, you want to know that you’ll be kept up to date on the progress of your case. Also, you want to know ahead of time if you’ll be passed off to other lawyers who work at the same firm.
Locating the Right Construction Contract Attorneys Close to You
How to Find Credible Construction Contract Lawyers Near Me
Finding the right construction contract lawyer means doing your research and asking the right questions. Start by posting a request for referrals on social media platforms. Your friends and family may have worked with construction contract lawyers or know someone who has. Next, look for construction contract lawyers in your area on sites like Lawyers . com. Start with a simple online search using "construction contract lawyer near me." This will give you some initial options to consider. Then, be sure to narrow down your options.
Contact the candidates on your list by email or phone. Ask the following questions: If all goes well, you should have a great idea of who will be the right fit for your construction contract litigation needs.
How Much Does a Construction Contract Attorney Cost?
The cost of hiring a construction contract lawyer can vary depending on several factors. Typically, an hourly rate is charged, and this can range from $100 to $700 per hour. However, hourly rates may vary based on the level of expertise required or geographical location. For example, courts in California, New York, and Texas generally have higher rates than other states. Of course, engineers are typically not lawyers so they usually charge a lower rate than attorneys. On the other hand, subject matter experts (i.e., licensed architects, quantity surveyors, etc.) are going to charge a higher rate because they cost more to hire (in most cases). For that reason, it is not uncommon to see rates as high as $800 per hour for some highly sought-after authorities, such as forensic accountants/CPAs or well-respected engineers. It is also important to remember that even experts like these generally charge a lesser rate when they are a consultant instead of a qualified expert/testifying witness.
With that said, some firms will offer a flat fee, including Document Review Leave Behind, which costs around $100 to $200 for a simple contract review. Some charges may be per page (about $3 to $5 per page) or may even be a flat fee for examining a document. Some lawyers also offer free consultations to evaluate the type of case and its complexity. Others will charge anywhere from $500 to $1,000 for retainer fees before work begins on the case.
In most instances, it is tough to know how much the total fees will be until the case is complete, it can help to know similar cases to yours. Consider asking other contractors to provide a list of law firms they may have used and ask for reviews of those firms.
Cases: Successful Outcomes with Construction Contract Attorneys
Of course, like any profession where the outcomes can be influenced by a trained and skilled practitioner, the outcomes do vary and, occasionally, you may be unlucky.
One example of a successful project that avoided litigation involved an ambitious $75 million renovation and expansion of an important building at a university in the Midwest. The project was tightly scheduled and opened on time with great reviews from students and faculty alike. A claim involving additional costs associated with the complicated building renovation and new construction was presented to the surety and carrier by the contractor. The contract was signed some 30 months before the litigation occurred. The surety and carrier hired an attorney with significant construction litigation experience and with a concise retainer agreement. The attorney secured the easily obtainable paper and then crafted an inexpensive path to the best result for the contractor. The claim was paid promptly.
On the other hand , another project involved the replacement of a major water main for a large water utility in the northeastern U.S. This project involved years of planning, including working with political leaders and government regulatory agencies, such as the Environmental Protection Agency. Challenges included crossing a major interstate highway and a number of rail corridors. A number of local small-town unions (some with well-known mob connections) and government inspectors were involved. There has never been a better opportunity to hire a construction contract lawyer with many years of experience handling this type of project litigated by trial lawyers in the Northeast who tried cases before juries and won more than they lost. The union refused to permit one of its members to work for the general contractor. A rare Saturday hearing on this issue was won by a legal motion for temporary relief (preliminary injunction). The union then brought two more frivolous lawsuits against the owner before the window of opportunity to obtain the result for the client closed. An experienced construction contract attorney would not have done any of this.