Posted on: 13 January 2019

Construction law issues can pop up all over in commercial and residential projects. From setting up the details of contracts to obtaining appropriate permits, many people will turn to a construction attorney to see that they get the specifics right. If a dispute eventually comes up, it's also good to have the support of a construction lawyer as you try to sort the situation out. Before you get rolling on your next project, be mindful of these common construction law problems that need to be addressed.

Assignment

If you believe you're going to be dealing with a single company and then third-party contractors start showing up at your site, you may end up wondering exactly what you got yourself into. While it's common for firms in the building trades to use third parties to handle certain tasks, particularly setting up electrical, plumbing and HVAC systems, the ability to assign third parties to parts of the project should be clearly delineated in the contract.

Avoiding Errors and Omissions

One of the biggest sources of disputes in the construction world is when something was either done the wrong way or wasn't done at all. Be sure to have all the specifications either included in your deal or integrated into the contract as attachments. It's also a good idea to develop a schedule of deadlines with your contractor and include those in the arrangement. A penalty structure may also be included to ensure that deadlines are met.

If it does come to litigation, you want to know that your contract was written in an ironclad fashion by your construction lawyer. Make point, too, to keep copies of all emails, texts, written items and voice mail messages. Should you need to present a case in court, you want to have access to everything that might fill in the blanks if there is an ambiguity in the contract.

Warranties, Guarantees and Other Assurances

The terms of the warranties of the work to be performed should be crystal clear. You'll also want to make sure that the transferability of certain warranties, such as those on the roofing and siding work done on a building, are outlined, as these can make a property more appealing to a future buyer. Don't ever just take a handshake as the guarantee on a project. Get clarification of everything, especially warranties on the products and labor that'll go into the job.