Construction projects typically involve multiple phases, multiple parties, and multiple opportunities for disputes and problems.
In this blog, the Massingill team explains when it’s time to bring in a construction attorney.
Whether you’re a construction company owner, contractor, or architect, our construction dispute attorneys have the experience to assist with your legal issues.
When Should You Hire a Construction Attorney?
As a general rule, it’s better to hire a construction attorney earlier rather than later to prevent disputes before they start.
However, at Massingill, we can assist whether you’re at the beginning, middle, or final phase of a construction project.
Call us to see how we can help, and we’ll be happy to discuss your case.
How Can a Construction Attorney Help?
There are a lot of moving pieces in any construction project.
Construction dispute attorneys can assist in any phase, from drafting contracts to filing a lien dispute to representing you in court.
They can help you take preventative action or assist in defending your rights if litigation is unavoidable. Let’s look at some ways an attorney can help.
Contract Drafting, Review, and Termination
Drafting and Review
Construction projects typically involve multiple contracts.
It’s crucial to have a clearly written contract that makes each party’s intentions clear, spells out each party’s duties, and avoids misunderstandings.
The construction attorneys at Massingill know the law and what terms are important to include in your contract so that you’re shielded against liability.
We can help you draft a contract that meets your needs and protects your interests.
Our attorneys will also review any contracts you’re considering signing and negotiate terms, if necessary, to create a more favorable agreement.
When it comes to ending a contract, there is the potential for liability. It’s prudent to seek the advice of a construction attorney when terminating or modifying an agreement so you can protect yourself.
Litigation or Alternative Dispute Resolution (ADR)
Litigation is a long, expensive process that takes legal knowledge and skill to navigate.
Construction disputes that lead to litigation can stem from a number of issues, from simple to complex.
There are several claims that commonly occur in construction litigation, such as construction quality, non-payment, and on-site injuries.
Our construction attorneys are well-versed negotiators and litigators, and we have experience with a wide range of construction issues.
Mediation and arbitration are both examples of alternative dispute resolution.
While the ADR process is not as formal as litigation, you must thoroughly prepare for either mediation or arbitration—much as you would prepare for a trial.
Although mediation is a non-binding process, if successful, it can prevent the time and expense of litigation.
Thus, it’s important to have a skilled construction attorney assist you in reaching an agreeable solution with the other party.
Arbitration, on the other hand, is legally binding upon all parties. At Massingill, we’ll prepare you for arbitration and let you know if litigation is in your best interest.
Construction Lien Filings and Disputes
A construction lien, also known as a mechanics lien, is a security interest in real property given to contractors, subcontractors, material suppliers, specialty material fabricators, design professionals, and landscapers.
If any of these parties are not paid for their completed work, they can file a mechanics lien and seek payment. There are strict filing deadlines and requirements.
Contact our attorneys to learn if you’re eligible to file a mechanics lien in Texas.
We can help determine your eligibility, file your paperwork, and represent you if the opposing party disputes your lien claim.
Construction projects require that you comply with local, state, and federal regulations.
It’s important to the success of the project to know which rules and laws apply and how to avoid any violations.
Between zoning laws, licenses, permits, certificates, etc.—there’s a lot to deal with. Leave it to us. Our construction attorneys are well-versed in the various compliance requirements.
How Much Does a Construction Lawyer Cost?
The cost of hiring a construction lawyer depends on the complexity of the situation. At Massingill, we charge a flat fee for our services.
We determine the fee at the beginning of the matter, so that there are no surprises.
While the cost of hiring a construction lawyer may seem high, the cost of not hiring one can be much higher.
Contact an Experienced Construction Attorney Today
Construction is no easy task, but we strive to simplify the legal side of your construction project. If you need an attorney for a construction dispute—be it residential or commercial—contact Massingill.
Our construction attorneys are here to advise you until the project is complete. With over 100 five-star Google ratings, we continue to offer our clients exceptional service.
We pride ourselves on our professionalism, responsiveness, and collaboration.