We represent general construction contractors, subcontractors, commercial owners, residential owners, and material suppliers in the formation of the various phases of construction, development and reconstruction contracts. This may include the purchase and division of real property. A properly drawn and thoroughly agreed to construction contract between the parties will alleviate many misunderstandings and disputes over the course of a construction project. Most projects involve the association of an architect and engineer, and in some cases, they involve other experts for specific requirements. Proper coordination of all of these construction specialists with appropriate written agreements from an attorney is essential.
In spite of the best of planning, a situation may occur where an individual or company is not performing, is performing in a sub-standard manner, or simply breaches the agreements during construction. There are various alternatives, including simply filing a lawsuit with the help of your attorney to obtain your remedy, whether it be to force compliance or to obtain a money judgment. All construction contractors must, by state law, be bonded. However, the bond requirements for contractors by the State is minimal. A performance bond for the work to be performed should be required if the project justifies the added expense.
Companies which supply labor and materials to a construction project must strictly follow statutory notice procedures before they can claim a lien on the real property where the material and/or labor is supplied. Otherwise, they will lose this normally valuable right. Depending on the construction project, this claim may in fact have little value if there is not sufficient equity to support the myriad of claims that may attach.
All parties involved in any construction project should be well aware of all of their rights and remedies by an attorney, as well as be very familiar with the individual or company with whom they are contracting. If the party appears to be over-extended, be wary and agree to the construction contract only on a «COD» basis or payment up front before the work or material is supplied.
Attorneys Practicing in Construction Matters: Ronald W. Greenen