A construction lawyer is an attorney who focuses on, among other things, construction litigation and construction contract disputes. Most construction litigation lawyers have a law degree as well as advanced education in engineering, construction, and building defects. Individuals, businesses, and insurers may be represented by this type of attorney in the private or public sector.
Representing the client and filing pleadings with the court, such as answers and complaints, are just a few of the construction lawyer’s responsibilities. Interrogatories and Requests for Production of Documents are among the types of discovery that the attorney drafts and responds to. In a construction case, the attorney may review blueprints, contracts, floor plans, and inspection reports, among other documents. Following the attorney’s review of the documents, he or she may have his paralegal index the documents for use as exhibits in court.
Handling injury and wrongful death claims arising from construction accidents is another aspect of a construction lawyer’s job. These accidents frequently result in a workers’ compensation claim as well as a civil lawsuit. The insured’s insurance company will usually hire a lawyer to represent him or her and assess liability and damages. If the construction lawyer cannot reach an agreement with the employee or legal representative, the case will have to be mediated or taken to court. Accident recreation experts who specialize in construction accidents are sometimes hired by construction attorneys to assist them with their cases and provide expert opinions.
Construction lawyers also handle disputes between subcontractors and general contractors, in addition to accidents and construction defects. These incidents could involve a single general contractor and several subcontractors, and they could involve payment, working conditions, project deadlines, or contract disputes. If a project is delayed, the owner may impose penalties on the general contractor, who may then attempt to withhold payment from the subcontractors. To resolve the dispute, the attorney may consult with the owner, project manager, general contractor, and subcontractors.
Mold litigation has become an increasingly important part of a construction lawyer’s job. Mold can grow almost anywhere in a house or building when moisture gets inside and doesn’t dry out. Construction lawyers have to deal with cases involving alleged toxic mold and claims arising from the costs of removing mold from buildings or homes, which can be quite costly.
Aside from litigation, the attorney provides legal advice on liens, project bidding, property line disputes, highway construction, and other construction-related issues. Corporations can hire a construction lawyer to draft documents for company liquidations and land purchases for the purpose of starting a new business. Bridge construction lawyers also provide legal advice to ensure that the project complies with engineering codes and jurisdictional standards.