It can be somewhat daunting deciding when and why to seek help from a contractor defense attorney. While your firm may not feel the need to hire an attorney to file a lien or a bond claim, there are situations when moving forward with a Charlotte contractor license defense lawyer is important.
OSHA Inspections and Citations
In 2018, nearly one in every five on the job worker fatalities were in the construction industry. Of the 1,008 worker fatalities, more than 30% were from falls. It is no surprise that, in the same year, the number one OSHA citation was fall protection.
Other common OSHA citations in the construction industry include:
- Hazard communication
- Respiratory protection
- Control of hazardous energy (lockout/tagout)
- Powered industrial trucks
- Machinery and machine guarding
- Eye and face protection
Although you may be careful to keep a safe and compliant jobsite, citations still happen. In the event that an OSHA citation is levied against you, you may choose to accept the citation and move forward with the appropriate steps to resolve the issue(s) and pay any fines. Your other option is to contest the citation and take your case to the Occupational Safety & Health Review Commission. No matter which route you’d like to follow, a Charlotte contractor license defense attorney should be contacted immediately upon receiving an OSHA citation.
Related: Viable Defenses for OSHA Citations
Accusations of Construction Defects
Construction defects are one of the most widely recognized causes of disputes and litigation in the construction industry. There are regular disagreements in regards to distinguishing what a construction defect is because of the contrasting viewpoints and interests of the parties involved.
A construction defect may be obvious and easily repaired, which is referred to as a patent defect and can be caused by something as simple as inadequate building materials. Other times, a construction defect may go unnoticed for weeks, months, or even years. If the soil beneath the foundation was not compacted properly, then this would be considered a latent construction defect.
When another party accuses you of being responsible for a construction defect, you might be unsure of your legal rights or course of action. You may be entitled to review and repair the defect or, in the case of a latent construction defect, you may not be responsible for repairs. A successful construction defect litigation claim will require testimony from experts who specialize in varying areas of construction as well as an experienced and dedicated Charlotte contractor license defense lawyer.
If you are confronted with an OSHA citation or accused of a construction defect, the experienced team at Cotney Construction Law 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.