The construction industry grew by over $35 billion nationwide last year, according to recent statistics. With that rapid growth comes a growing list of goals to accomplish. Protecting assets, reducing costs, and minimizing risks will be a few of the main goals for every construction professional, which is why hiring a Raleigh construction litigation attorney should be a top priority.
Whether you’re a novice or a seasoned contractor, the legalities of the construction industry may be difficult to navigate. Proactively hiring a Raleigh contractor lawyer can be beneficial in several ways and help contractors meet their personal and professional goals.
Navigation of Bid Disputes
In the event that a contractor feels their bid was wrongfully rejected or are unsatisfied with the outcome of the bid process, they are entitled to bring this to the attention of the government agency conducting the bid. If this conversation doesn’t result in a favorable outcome, contractors can file a claim and appear in court. It is vital to base your protest claim on the reasons that North Carolina finds to be acceptable for a claim. This process may be complex, which is why legal counsel is important.
A Raleigh construction litigation lawyer can discuss all of the reasons that you may protest a bid, including:
- Erroneous acceptance of a bid
- Failure to follow statutory bidding procedures
- Unjustifiably narrow specifications
- Awarding a contract for non-permissible reasons
A construction attorney can discuss potential damages, including monetary, declaratory, and mandamus injunctions. Whether challenging a winning bid or protecting your bid, a team of dedicated and experienced attorneys increases the likelihood that your firm will be awarded a government contract.
Assistance Creating and Reviewing Contracts
Negotiating contracts is a vital part of any contractor’s business. If you have a vested interest in a construction project, a construction attorney can walk you through the ins-and-outs of contracts and help make sure that your investment and business interests are protected.
Some of the types of contracts that a Raleigh contractor lawyer can help navigate include:
- Lump-sum contracts
- Commercial contracts
- Domestic building contracts
- Scheduled contracts
- And other complicated contracts
Additionally, an attorney will help navigate when to take legal action if a contract is violated or if another party alleges breaches of contract against the contractor.
Help to Avoid Disputes
There are several types of disputes that a contractor may face, despite positive intentions. These disputes may come in the form of employee issues, OSHA citations, liens, or other forms of pending legal action.
Contractor attorneys can help with both public and private contracts and should be consulted immediately if a contractor is informed of an OSHA inspection, injury or fatality on the job, or pending legal action against them. From construction defect disputes to roofing accidents or payment disputes, a contractor attorney will be able to help you navigate complicated legal issues that contractors face throughout the industry.
Maintaining Regulatory Compliance
Contractors may face a number of compliance-related issues. An attorney can help contractors stay in compliance with important forms, including OSHA reporting after a fatality or jobsite injury, as well as filing the necessary permit information.
Regulatory compliance is another major challenge in the construction industry because there is always a new rule or revision to an existing one. Contractors must stay abreast of overtime wage requirements, prevailing wage on public works projects, and OSHA safety regulations. Contractors must continually monitor and comply with these rules to avoid being penalized and improve workplace health and safety. Due to these rapid changes, an attorney is necessary to ensure continual compliance when new regulations are created.
Furthermore, a Raleigh contractor attorney will ensure that all employee documentation is in compliance for every jobsite, regardless of location, and will ensure that all insurance is kept up-to-date. This can be especially important when trying to prevent or navigate workers’ compensation claims, which may become costly without the advice of legal counsel.
Aggressive Dispute Resolution
A few common causes for disputes include a construction project taking unexpected turns and becoming delayed, safety standards being out of compliance, and serious accidents occurring. If allowances are not made for conditions like inclement weather or delays, this can also extend project completion timelines, which may lead to a dispute. These unforeseen factors can be quite costly and time-consuming if there is no mitigation plan in place — however, a seasoned Raleigh construction litigation lawyer can help create a plan to avoid disputes altogether.
Although every contractor hopes to avoid conflict or disputes, some types of disputes simply cannot be avoided. If that is the case, it is important to have a seasoned Raleigh construction litigation lawyer with whom to discuss all pending legal matters. A seasoned, aggressive attorney will work to resolve disputes and reach a full resolution, whether that entails litigation, arbitration, or mediation.
When taking cases through the full course of action to the courtroom, contractors will greatly benefit from an attorney who can share their track record of success both in and out of the courtroom. Whether seeking a settlement or jury trial, a litigation attorney will help protect the contractor from unnecessary and costly disputes.
Finding the Right Attorney
Hiring an attorney may seem like a daunting task, especially when trying to stay on-schedule with costly construction projects. It is important to find an attorney who understands the complexities of the construction industry specifically, and who will invest time and energy necessary to keep your construction project running smoothly.
Cotney Construction Law’s experienced attorneys will provide sound legal advice to construction professionals at every level and can assist your firm with any construction need. Not only do we advise our clients on legal matters, but we also provide a myriad of other valuable services for construction businesses, including contract review, employment law advice, and litigation and arbitration services. We also advocate for clients involved in licensing complaints, permitting issues, stop-work orders, 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.