Construction-LawIf you work in the construction industry, you have almost certainly worked on projects that did not go quite as planned – or quite as bid. In these situations, the contract that you signed for the work quickly becomes a very important document. It generally will define the duties and obligations of all parties in case something has changed.

There are numerous reasons that a construction project may deviate from the original bid. Sometimes the weather does not cooperate. Sometimes the supplies named in the contract are unavailable. Sometimes the desires of the client change after work has begun.

Regardless of the reason for these hiccups, working in the construction industry means that you need to be flexible in both your planning and your contracting. Being flexible in your planning will allow you to get the work done within a reasonable amount time. Allowing for flexibility will make sure that you are compensated for the work you do, regardless of whether the work is totally completed under the original plan or is the result of various changes to the order.

Thus, be mindful of the contract you sign. Make sure it gives you flexibility in completing the project while also making sure that it contemplates the areas that are discussed below. Also, have an attorney read through your contract to double check that it says what you think it says. And, if there are changes made that you believe are not consistent with the contract and affect your rights or bottom line, do not hesitate to hire legal help. Chances are good that an experienced attorney will save you money in the end.


 

This section outlines three areas to those contractors and subcontractors who work in construction. Click on the links for more details.

Getting Paid . . . Mechanic’s Liens


No matter how careful you may be, there will come a time when you are not paid for your work. And while it is all well and good to talk about taking the owner to court, the cost and uncertainty of litigation may lead to just walking away from a bad debt. Most people will … Continued

Change Orders and Extras Legal Issues


Changes occur on almost every construction contract for a variety of reasons, including aesthetics, cost, and lack of details—or errors— in the original plan. Change orders often give clients a headache. Is it really a change order? Are these really extras? Is all this work really within the scope of my original contract? To ease … Continued

Disputes with Real Estate Completion Issues


Real Estate construction completion issues are common in construction projects. Because of this, most construction contracts contemplate what will happen if there is a delay. If the owner is responsible for the delay, the contractor may receive an extension without penalty, an increase in the amount payable by the owner, or both. Disputes over completion … Continued