The Importance of Hiring a Construction Litigation Attorney for Your Commercial Real Estate Project

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Benjamin Franklin famously wrote “An ounce of prevention is worth a pound of cure.”  This phrase is often invoked by lawyers when advising their clients on the benefits of obtaining skilled legal advice at the outset of a new venture, rather than waiting to see whether a lawyer can extricate them from a bad situation only after it has transpired.

Construction site

Nowhere in the law is this phrase more apt than in the construction industry.  Just as the contractor or design professional engages in substantial planning prior to commencing the work, the same care and planning is necessary to build the foundation for the company and its contracts.  An experienced construction lawyer can lay the groundwork on which the construction company will stand.

Hire a Business Attorney Before You Need One

When starting a construction company, the contractor or design professional needs a lawyer skilled in entity formation, licensing, and insurance law so that the company and individuals have the necessary authority and protections to open shop.  Leasing or buying property from which to conduct business requires an attorney able to close the deal on commercially reasonable terms and in a timely manner.

When commencing a project, a lawyer with well-honed drafting skills is required to clearly define the scope of the obligations of each party and to anticipate where the client will need protections.  Rarely can a contract be changed after the project starts, so the drafting of the contract by an experienced construction lawyer is of vital importance.  At times, contract templates can be prepared to ensure consistency in expectations as well as keeping expenses in check.

But even the best drawn plans may go awry.  When that happens, the contractor or design professional needs a skilled team of lawyers able to design and implement a strategy to best protect and pursue the available rights and remedies.

Construction Attorneys Help Solve Business Disputes

During the project, disputes often arise over payment or performance.  Large construction projects will involve many tiers of subcontractors, and the further one is from the top, the more risk there is of non-payment.  A knowledgeable construction lawyer can prepare the notices and liens required to offer protections from non-payment and take actions designed to enforce the terms of the contract to recover the compensation due for the work performed.  Sometimes disputes over payment end up in bankruptcy court with multiple claimants seeking their proportionate share of available funds, necessitating an attorney experienced in navigating through the complex bankruptcy system.

Claims for the defective design, planning, supervision or construction may be brought during or even long after the conclusion of the project.  An attorney who will not only zealously defend the contractor, but also who can identify opportunities for alternative dispute resolution, such as mediation or arbitration, is invaluable to keeping the business on solid footings.

Other legal matters, such as personal injury claims and worker’s compensation claims, may arise during the course of a construction project.  Disputes with employees over working conditions, benefits, compensation, and non-compete agreements also occur in the construction industry.  Such legal needs require competent counsel to protect the contractor and business.

And overarching, it is necessary to engage an attorney who possesses the knowledge, skill and experience to objectively evaluate the matter, clearly communicate the available options or courses of action, and act diligently on the agreed upon strategy, and keep the client clearly informed throughout the process.

When starting a construction company, the contractor or design professional needs a lawyer skilled in entity formation, licensing, and insurance law so that the company and individuals have the necessary authority and protections to open shop.

Call Our Orlando Construction Litigation Attorneys

With a footprint throughout Central Florida, the attorneys of Bogin, Munns & Munns are ready, willing and able to meet the legal needs of Florida’s contractors and design professionals.  The firm has highly skilled attorneys practicing in the area of business formation, contracting, real estate, licensing and tax, as well as litigation attorneys handling contract disputes, wage and hour claims and discrimination actions, and bankruptcy matters.  Contact us today to schedule your consultation with our attorneys.


NOTICE: The article above is not intended to serve as legal advice, and you should not rely on it as such. It is offered only as general information. You should consult with a duly licensed attorney regarding your Florida legal matter, as every situation is unique. Please know that merely reading this article, subscribing to this blog, or otherwise contacting Bogin, Munns & Munns does not establish an attorney-client relationship with our firm. Should you seek legal representation from Bogin, Munns & Munns, any such representation must first be agreed to by the firm and confirmed in a written agreement.

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