Construction Scenarios Which May Require a Real Estate Attorney

Construction Worker Carrying Wood Planks — Waukegan, IL — Daniels, Long & Pinsel, LLC

Construction is a complex industry. Even though the industry offers wide-ranging opportunities and possibilities, the industry is also subject to sensitive legal issues.

When tackling construction law issues, a lawyer can be more valuable than you might expect. A real estate lawyer advises clients on associated laws and regulations.

Below are some scenarios where you might need a real estate lawyer’s assistance.

When Resolving a Dispute

Construction industry disputes can delay or derail a project. Hiring a lawyer before the project will prepare you for any pitfalls that might arise during a project. 

Lawyers can serve as arbitrators and mediators. If both disputing parties agree, a lawyer can bring together the two parties and work towards a satisfactory solution for both. 

A lawyer may also serve as an intermediary before mediation or arbitration panels and other dispute resolution mechanisms.

A real estate lawyer can also help resolve disputes through litigation once the cause of the conflict is clear. Lawyers may seek recoveries when settlements appear impossible.

When Terminating a Contract

In the case of wrongful termination, a real estate lawyer can help claimants defend their rights. A lawyer can also prevent wrongful termination. 

When a contract needs termination, a lawyer can determine what constitutes justifiable termination. The lawyer also ensures all parties follow proper procedures to ensure termination proceeds smoothly.

When Executing a Construction Lien

Often appearing in construction contracts, lien agreements are collateral used to satisfy debts.

Contractors, subcontractors, and property owners can work with a lawyer to discharge or file liens. Additionally, a lawyer will help a claimant develop, serve, and file their claims while preparing the proper paperwork.

When Reviewing a Contract

Contractors, subcontractors, suppliers, or other trades often rely on the same contract for every job. Using the same contract ensures familiarity with its terms.

Whether you will be using a contract you’re familiar with or a new one, you should always have the contract reviewed by an attorney before signing. Sometimes construction contracts contain problematic clauses. Such clauses can create excessive liability, shift risk, or provide less-than-ideal dispute resolution.

Besides understanding the industry and its issues, lawyers also know legal principles in different states. The lawyer can therefore identify potential points of contention, snuff out risks, and assess the agreement’s strengths and weaknesses. Therefore, lawyers are an invaluable resource for anyone involved in the construction industry.

When Acquiring Building Permits and Licensing

Licenses and permits are subject to specific requirements that change from time to time. Consequently, you may make errors in your application and, therefore, may not be eligible for licensing or permits.

An experienced real estate lawyer is familiar with legal licensing and permit requirements. Therefore, a lawyer can guide clients through the licensing process and help them fulfill the application requirements. Lawyers can also serve as representatives before licensing review boards. And when problems arise, the lawyer can handle them on behalf of their clients.

When Closing Out a Project

Project closeout is often a demanding process for construction company owners, who often need help with different aspects of the process. Some of the items that could require assistance include:

  • Closing relationships with developers
  • Payment of final invoices
  • Ending subcontractor contracts

The lawyer can work with lenders, designers, suppliers, and representatives to bring a project to a successful conclusion.

The above list does not cover every situation. Moreover, each construction case will have its own set of factors. Nevertheless, a legal professional will be a great aid if you’re planning to start a construction project. 

If you need a real estate attorney, feel free to contact Daniels, Long & Pinsel, LLC, today and find out how we can help.

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