Seeking payment from a delinquent owner can be a stressful process. If you are in this position, it’s best to consult with an experienced Charlotte construction attorney from Cotney Construction Law that can draft an effective demand letter on your behalf. In this three-part article, we are discussing many of the mistakes contractors make when they draft their own demand letters. In parts one and two, we discussed everything from contractors that use boilerplate letters to unprofessional sounding letters from disgruntled professionals. In this final section, a Charlotte construction lawyer will discuss a few more reasons why you should consult a construction lawyer when you are involved in a payment dispute.
5) They’re Baseless
At Cotney Construction Law, we encourage every construction professional to create a contract for every project they work on. Without a contract in place, some points of contention during a payment dispute may actually be baseless according to the law. With a written agreement in place, when you are involved in a dispute, a lawyer can review your contract and assess if the owner has violated any terms of the agreement. An attorney is also intimately familiar with all the rules and regulations related to your case, so they will know how to approach the demand letter from a legal perspective and will not overstate your case or overlook any relevant facts related to the laws in your state.
A diligent lawyer understands the legal nature of your case and can draft a demand letter that can effectively convey how the owner has violated this agreement. Better yet, a lawyer can attach exhibits that prove what the conditions of the agreement are or what specific laws were violated. Again, this will not only accelerate the process of resolving payment, but this document can also be utilized in future litigation if the dispute remains unresolved.
6) They’re Indirect
The final mistake a contractor makes when they write their own demand letter is making the letter indirect. A well-written demand letter is succinct and straight to the point. When a construction professional is directly involved in a dispute, they may feel that certain arguments should be presented in the letter that actually shouldn’t be. An experienced attorney will know what should be included and what isn’t relevant. More importantly, along with presenting your case, the letter will have a clear and concise call to action requesting an exact payment to be delivered a certain way by a specific date. When you partner with a Charlotte construction attorney on your demand letters, nothing is left to interpretation regarding the language used in the document.
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.