In this four-part series, the Miami contractor attorneys at Cotney Construction Law have discussed different ways a construction lawyer can help contractors save money. In an industry governed by airtight contracts and strict laws, even the slightest slip up can have potentially disastrous effects on your contracting business, which is why partnering with a construction lawyer can give you a leg up on the competition and save you from becoming the target of costly disputes and claims.
We discussed an array of beneficial services offered by lawyers with close ties to the construction industry in parts one, two, and three. Now, we will finish this series by discussing two of the most important services offered by Miami contractor attorneys:
- Contract Negotiation, Review, and Drafting
- Lien Law
9. Contract Negotiation, Review, and Drafting
Contracts are the lifeblood of the construction industry and play a huge role in the success of any project. With a construction lawyer on your side to assist you with contract negotiation, you can benefit from increasingly lucrative contracts that help you grow your business. For example, a Miami contractor attorney can help negotiate details of your contract including:
- Terms and Conditions
- Contractor-Owner Agreements
- Subcontractor-Contractor Agreements
- Owner-Architect Agreements
- Owner-Engineer Agreements
- Engineer-Architect Agreements
- Developer Agreements
- Licensing Agreements
- Distribution Agreements
- Teaming Agreements
- Joint Venture Agreements
- Supplier Agreements
- Promissory Notes
- Settlement Agreements
- Workmanship Warranties
- Manufacturer Warranties
- Indemnity Provisions
- Disclaimer Provisions
- Notice Provisions
- Pay When Paid Clauses
- Price Acceleration Provisions
Alternatively, a construction lawyer can review your contracts to ensure that you aren’t surprised by any underlying or deceitful clauses that affect your ability to litigate or protect yourself when a dispute arises. Our Miami contractor attorneys have reviewed and revised hundreds of contracts including forms from the American Institute of Architects (AIA), ConsensusDOCS, and Associated General Contractors (AGC). Of course, we can always draft a new contract pertinent to your specific needs, too.
10. Lien Law
Has an owner decided to withhold payment from you? If the answer is yes, your next course of action should be to contact a construction lawyer to file a lien on your behalf. The lien process can be confusing, but an attorney with experience representing contractors can prepare any necessary lien documents including the Claim of Lien, Contractor’s Final Payment Affidavit, Notice of Non-Payment, Miller Act Notice, and more.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.