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Construction Law · April 3, 2017 · by Roy Banerjee

What Does a Construction Lawyer Do?

Home › Construction Law › What Does a Construction Lawyer Do?

Construction Law · April 3, 2017 · by Roy Banerjee

Construction lawyers provide a wide range of services to anyone involved in any stage of a construction project. From planning to completion, construction lawyers represent owners, designers, architects, material suppliers, contractors, and subcontractors. A construction lawyer will assist their client with scheduling, budgeting, fulfilling regulatory guidelines, contracting, submitting claims, terminations, and so much more. A construction lawyer also works preventatively by being actively involved throughout the construction process in order to avoid litigation, arbitration, and other legal conflicts.

Most importantly, a construction lawyer has an intimate, expert understanding of both construction and construction law. A construction lawyer understands all stages, tasks, machinery, and other fine details that make-up a construction site. A construction lawyer is not a dabbling layman: he/ she has an expert understanding of the construction process, as well as the wide bulk of substantive law.

What Does a Construction Lawyer Cover?

A construction lawyer can help with a myriad of areas relevant to the construction process. A construction lawyer must have comprehensive knowledge of the planning, execution, and completion of a construction project in order to provide their specialized services.

Some major areas a construction lawyer covers are:

  • Alternative Dispute Resolutions
  • Arbitration
  • Bankruptcy
  • Building permits
  • Case Law Summary
  • Construction claims
  • Constructions liens
  • Davis-Bacon Act, wage requirements
  • Delays
  • Drafting construction contracts
  • Employment Immigration
  • Environmental matters in construction law
  • False Claims Act
  • Federal construction
  • Fire regulations
  • Fulfilling regulations for non-discrimination
  • Industry-standard construction contracts
  • Insurances issues
  • Labor issues
  • Licensing construction professionals
  • Mediation
  • Negotiating construction contracts
  • Negotiating litigation of a termination claim
  • OSHA, and other federal agencies
  • Project delivery systems
  • Prompt payments
  • Provide defense to businesses facing administrative actions
  • Provide legal counsel
  • Public construction
  • State building codes
  • State contracting procedures
  • Surety Law
  • Sustainable construction
  • Trials: trying construction cases in court
  • Unresolved damages claims
  • Violations

How Does a Construction Lawyer Help Contractors?

Drafting & Negotiating Construction Contracts

When a company, or owner, retains contracting services, they are entering into a binding contract with the contractor. A construction lawyer will ensure the contract is legally sound, grounded in reasonable expectations, accounts for proper notice requirements and jobsite conditions. This includes accounting for jobsite conditions, scheduling delays, insurance, and unforeseen circumstances. A construction lawyer can also provide revisions to existing contracts.

Protecting Payments

A construction lawyer will ensure a contractor receives the full payment promised, covering a myriad of costs including labor, equipment, and materials. A construction lawyer will ensure that all costs incurred will be covered in their contract’s terms. A construction lawyer can also take civil action to recover any unpaid sum, as well as file mechanics liens and claims against a payment bond on both public and private projects. A construction lawyer can also defend those who have had a claim for payment made against them.

Assisting with Construction Proposals

A construction lawyer can help with all requests for proposals, bidding for proposals, IFB invitation for bidding, as well as assisting with contract interpretations. A construction lawyer can also help protesting/challenging unawarded proposals.

Submitting Construction Claims

A construction lawyer can submit a claim for added compensation and added time, and represent the claimant throughout any dispute resolution procedures or negotiations. A construction lawyer can also submit claims for unforeseen circumstances such as unanticipated jobsite conditions, defects in designs, as well as delays, disruptions, or any interferences in work. A construction lawyer will ensure all claims conform with any contractual obligations or legal requirements.

How Does a Construction Lawyer Help With Contract Terminations?

A construction lawyer will help review current contracts, determine justifiable termination, and follow proper procedures to ensure a successful termination. A construction lawyer will represent you in any subsequent litigation or arbitration. A construction lawyer can both prevent wrongful terminations and defend claimants of wrongful termination.

Preventive Practices

A good construction lawyer will, of course, represent and defend you during any necessary trials, arbitrations, or litigations–an exceptional construction lawyer will actively work to prevent any conflicts from arising, saving you time, money, and stress. A construction lawyer will anticipate any possible disagreements or disputes and then adjust accordingly in order to prevent those issues from growing into actual legal action. A construction lawyer is your advocate, relying on their expertise and intimate knowledge of construction law to help you avoid any conflict whatsoever, and resolving all issues before it can influence construction.

Who Needs a Construction Lawyer?

Anyone involved during any step of a public, private, or federal construction project can benefit from retaining a construction lawyer. A construction lawyer not only protects you from (and represents you during) legal conflict, but they also keep you on track with budgets, timelines, and following imposed codes. A construction lawyer will ensure your jobsite runs efficiently, effectively, and safely. A construction lawyer has a keen legal eye for the specifications of government contracting and contract breaches alike. They are a vital part of your construction team, and as such will become very familiar with the site, people, machinery, and contracts, they are so intimately working with.

A construction lawyer will know you, protect you, defend you and save you time, stress, and money.

You may benefit from seeking council with a construction lawyer if you:

  • need a permit
  • are concerned about environmental regulations
  • need government approval/permission
  • are hosting a town hearing
  • need to follow local, state, or federal regulations
  • need to draft a contract
  • need to review a contract
  • are planning a new project
  • are in the process of a project
  • are completing a project
  • need to create any legal document to supplement your project
  • are concerned about lawsuits (filing, or being filed against)
  • are having a dispute/disagreement with your employer
  • are having a dispute/disagreement with your employee

As Georgia continues to grow, we’re beautifying and expanding her roads, cities, residences, and public resources. From road construction, to apartment complexes and malls, Georgia relies on efficient, effective, and safe construction to best serve her people. Especially in Atlanta, home to KPPB, it is imperative that construction is conducted safely and according to all imposed laws and codes. We make a better Georgia when construction lawyers are involved in construction projects.

Construction lawyers ensure our state is not unnecessarily polluted–with their skill and expertise, they ensure Georgia’s construction is completely smoothly and expertly. Furthermore, they defend and represent some of our state’s hardest workers. Our roads, buildings, and homes, would be in a state of disarray were it not for the hard workers who take care of our infrastructure everyday–KPPB, and other construction lawyers, want to take care of them in return.

KPPB LAW is a great resource to learn more about construction law and construction lawyers. Our skilled and experienced construction attorney Roy Banerjee can take care of you every step of the way.

Filed Under: Construction Law

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Roy Banerjee

Roy Banerjee helps defend, settle and pursue claims to protect your business interests. He is an accomplished business litigator who specializes in efficient resolution of real estate and business matters.

About KPPB LAW

KPPB LAW is one of the largest South-Asian owned business law firms in the United States, and a minority-owned enterprise certified by the National Minority Supplier Development Council. Our law firm is AV-rated by Martindale Hubbell and a member of the National Association of Minority and Women Owned Law Firms. Founded in 2003 by 4 South-Asian lawyers, Sonjui Kumar, Kirtan Patel, Roy Banerjee, and Nick Prabhu, Atlanta-based KPPB LAW today includes 21 attorneys in 5 states and focuses on supporting the legal needs of businesses of all sizes across all industries and offers strong expertise for global businesses with business interests in India. For more information, visit kppblaw.com or talk to one of our business attorneys at 678-443-2220.

Articles published by KPPB LAW are purely for educational purposes and provide generalized information of the topic(s) covered. These articles should not be considered as legal advice. Please contact the attorneys at KPPB LAW to have a conversation about your specific legal matter.

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