Contracts and Negotiations
To avoid potential problems in the future, before starting any construction project, it is important to thoroughly review proposed contracts and negotiate, where necessary, key terms such as costs, materials, time for completion and how unforeseen circumstances and disputes are addressed.
Design and construction projects today are often complex. The methods used, the technology required, and the number of participants involved often result in a complicated web of obligations and liabilities.
Our firm will review proposed agreements, as may be provided by your proposed architect, contractor, or house lifter, among others, and provide feedback and negotiation of terms to ensure full owner protections with a straightforward approach that minimizes potential misunderstandings and owner risks.
Our firm will prepare or review design and construction service agreements, including those drafted by engineers, architects, construction contractors, interior designers, landscapers, and pool contractors, among others, with a straightforward approach that minimizes potential misunderstandings and disputes proactively.
Whether it is a residential new construction, remodeling or a more complex project, such as a house lifting or commercial building construction, our firm helps clients by drafting, reviewing and negotiating design and construction agreements that both the owner and vendors mutually benefit from.
Common Design and Construction Disputes
Despite the best efforts to draft solid contracts that anticipate and address potential problems, disputes may still arise. While the vast majority of design and construction contractors do excellent work, there are circumstances where a professional’s work does not meet acceptable standards or a construction contractor provides poor workmanship or does not meet their obligations under the contract or as agreed to with the owner. Below are some common disputes that may arise during or after construction.
- Scope of work
- Extras/change order
- Defective construction
- Delay claims
- Contractor termination
- Incomplete construction
- Construction defects
- Defective house lifting
- Payment disputes
- Mechanic’s liens
- Insurance claims
- Foreclosure defense
Resolving Disputes, Arbitration and Litigation
When claims arise in this environment, they likewise make for complex matters of litigation. These types of cases call for design and construction attorneys who are not only aware of the latest trends in the fields of design and construction law, but who also understand the materials and methods of construction involved.
These types of actions are not limited to large-scale commercial projects alone. They may be present in cases related to single-family residences as well.
Through negotiation of a settlement, or through the prosecution of a claim through litigation or arbitration, the firm will work to resolve disputes expeditiously and at minimum cost to the client. Some of these actions include discharging or removing liens, including those filed by subcontractors not paid by general contractors. These also include bringing claims through arbitration or lawsuits to recoup costs incurred to fix defects or properly complete the work of a contractor. If necessary, the firm will file complaints with licensing authorities to obtain restitution. The firm also provides foreclosure defense.
