Finding The Right Lawyer For Building Disputes
If you are in the construction business, you have more than likely faced some type of litigation or at least a dispute of some type. It could have been from a disgruntled employee that was suing you and your company. There could have been an accident or maybe payments not made, where hiring a legal team was necessary. You might have an in-house legal assistant that can provide you with the knowledge you need to avoid costly situations. If you are a smaller company in the construction business, however, you might not have the money to retain a lawyer at all times. You may have to find one at some point in time, a lawyer or law firm that specializes in building disputes. Here are a few tips that you can use to find an attorney that specializes in construction law.
Possible Reasons For Building Disputes
There are many issues that may arise leading to disputes in the construction industry. Some of them may include contractual disputes regarding money disbursed between subcontractors and contractors. As mentioned before, if someone that works for you was injured on the job, they may sue your company not only for compensation of wages, but their medical bills as well. Property damage is often a common reason that construction companies are sued, usually by residents that live adjacent to the construction site that may claim your company damaged their property in some way. In order to handle all of these possible situations, it is important to have a lawyer that is well-versed in construction law. Here are a few qualities that every construction lawyer should have, qualities that can make a significant difference.
Possible Reasons For Building Disputes
There are many issues that may arise leading to disputes in the construction industry. Some of them may include contractual disputes regarding money disbursed between subcontractors and contractors. As mentioned before, if someone that works for you was injured on the job, they may sue your company not only for compensation of wages, but their medical bills as well. Property damage is often a common reason that construction companies are sued, usually by residents that live adjacent to the construction site that may claim your company damaged their property in some way. In order to handle all of these possible situations, it is important to have a lawyer that is well-versed in construction law. Here are a few qualities that every construction lawyer should have, qualities that can make a significant difference.
Negotiation Skills And Prior Experience
One of the primary reasons that construction companies lose money is that they spend too much time in the courtroom or with their lawyer. The first objective should be to resolve the dispute between the parties and their lawyers. However if that cannot be achieved then litigation may be the recourse. If the problem cannot be resolved prior to going to court, this could mean thousands of dollars that must be spent unnecessarily. Your lawyer should have the ability to negotiate with disgruntled individuals or companies, allowing everyone to come to an agreement on a settlement price that will negate the need to go before a judge. While interviewing different lawyers that you may want to retain, find out how long have been doing construction law. If they have settled many cases in the last few years, this could be the attorney that you should work with. Ask for references on the cases that they handled, and after evaluating what they have done, you can make your final decision.
Other Reasons For Building Disputes
Building disputes can also expand into a number of other areas outside of employees that have a vendetta against the company. If there are construction delays which cause other businesses to lose money, you could be sued for compensation. Cost overruns and change orders can also occur, specifically where an investor believes they were misled and will want compensation for certain discrepancies. Defective work claims are often filed by individuals that believe a construction company cut corners and did shoddy work. Defects in the structure of the building, water intrusion and roofing defects are also at the top of the list. Essentially, there are literally hundreds of reasons a construction company can be sued, which is why it is so important to have a lawyer that has handled building disputes in recent years.
Using this information, you should be able to decide which lawyer will be able to help you the most. If they have had experience with all of the aforementioned scenarios related to potential construction litigation, you should consider retaining this lawyer for not only legal counsel, but for negotiations and representation in court.
One of the primary reasons that construction companies lose money is that they spend too much time in the courtroom or with their lawyer. The first objective should be to resolve the dispute between the parties and their lawyers. However if that cannot be achieved then litigation may be the recourse. If the problem cannot be resolved prior to going to court, this could mean thousands of dollars that must be spent unnecessarily. Your lawyer should have the ability to negotiate with disgruntled individuals or companies, allowing everyone to come to an agreement on a settlement price that will negate the need to go before a judge. While interviewing different lawyers that you may want to retain, find out how long have been doing construction law. If they have settled many cases in the last few years, this could be the attorney that you should work with. Ask for references on the cases that they handled, and after evaluating what they have done, you can make your final decision.
Other Reasons For Building Disputes
Building disputes can also expand into a number of other areas outside of employees that have a vendetta against the company. If there are construction delays which cause other businesses to lose money, you could be sued for compensation. Cost overruns and change orders can also occur, specifically where an investor believes they were misled and will want compensation for certain discrepancies. Defective work claims are often filed by individuals that believe a construction company cut corners and did shoddy work. Defects in the structure of the building, water intrusion and roofing defects are also at the top of the list. Essentially, there are literally hundreds of reasons a construction company can be sued, which is why it is so important to have a lawyer that has handled building disputes in recent years.
Using this information, you should be able to decide which lawyer will be able to help you the most. If they have had experience with all of the aforementioned scenarios related to potential construction litigation, you should consider retaining this lawyer for not only legal counsel, but for negotiations and representation in court.
If your dispute is in relation to money or work that is supposedly not up to the agreed standard, then there is a process laid down under current New Zealand legislation specifically to deal with construction and building disputes. In short the builder must make a payment claim under the relevant Act. If the client declines to pay the invoiced amount then they must provide a payment schedule which clearly explains why any amount has not been paid. The other party then has 20 days to respond. This Act also covers progress payments so if a dispute arises at any stage it can be addresses during the construction process rather than having to wait until the end.
Even though the law has a clear process, it is still complex to people who are not versed in the language or minute details of law. Therefore anyone involved in a building dispute is best advised to consult a lawyer to help them through the process. If you are near Albany on the North Shore of Auckland, here is a good building disputes lawyer.
Even though the law has a clear process, it is still complex to people who are not versed in the language or minute details of law. Therefore anyone involved in a building dispute is best advised to consult a lawyer to help them through the process. If you are near Albany on the North Shore of Auckland, here is a good building disputes lawyer.