3 Tips About Construction Litigation
Before, during and after every construction project, a range of legal issues surface which can affect the outcome of a build. Whether liens, public bidding disputes, preparing and negotiating contract documents, terminations for default or convenience, or defending against claims from the Department of Labor and OSHA, it is imperative that your rights be advocated for. To ensure success, it is crucial that you have an experienced law firm by your side that can effectively handle any and all construction related legal issues in a timely and cost-effective manner. Here are 3 tips about construction litigation that can prove to be very helpful.
3 Tips About Construction Litigation | Construction Contracts
One of the most important components to any construction project is the contract. A well-executed contract will protect the interests of all parties involved including the owner, lessee, general contractor, and subcontractors. The purpose of a construction contract is to designate liability and expectations as well as ensure that owners get what they pay for and contractors and subcontractors get paid for the work they do. Well-drafted contracts will provide enforcement mechanisms in the event that a party does not hold up their end of the contract. Construction contracts should include:
Scope of work and outline of performance duties.
- Payment clauses.
- Termination clauses.
- Force majeure provisions.
- Indemnification or assumed responsibility/ liability.
- Warranties and bonds.
- Project changes and change orders.
- Timing provisions.
- Flow-down provisions.
- Consequences for breach and dispute resolution options.
If you are either the owner or the general contractor and are not contract specialists, trust the expertise and guidance of an experienced construction litigation lawyer like Bart W. Lombardo to help draft and execute the contract for you. Contact New Jersey construction litigation lawyer Bart W. Lombardo today for more information.
3 Tips About Construction Litigation | Dispute Resolution
Throughout the construction process, there is a wide range of disputes that can aries. From budget to timeline and other more technical aspects such as warranty issues, fire code violations, electrical issues, roofing and plumbing problems, inspection failures, mold and mildew, and building code violations. When disputes arise, it is difficult for a land or building owner who is not a professional in the construction industry to offer a fair fight. This is where having an experienced construction lawyer on your side is beneficial.
3 Tips About Construction Litigation | Construction Liens
For a contractor working on a project, securing payment for services rendered can always be difficult. In such cases, the New Jersey Construction Lien Law protects the right of a contractor to file claim for a private lien. A lien places liability upon the owner of a property based upon the value of work performed or materials provided on a project. This prevents the sale or financing of loans on a property, effectively ensuring an owner can’t avert contracting debts. However, for the owed party, the process of filing a lien can become derailed by complex details and legal requirements. To ensure the validity and effectiveness of a claim, the services of a knowledgeable legal counsel are imperative. Conversely, we also provide services for owners or general contractors should a subcontractor file a construction lien.
New Jersey construction litigation lawyer Bart W. Lombardo has more than 20 years in the commercial construction litigation process. If you need help with the construction contract drafting process, dispute resolution, construction litigation, or construction liens, contact the law office of Bart W. Lombardo, Attorney at Law today!