Commercial Owners and Developers
As the owner or developer of commercial property you are presented with a multitude of construction related issues. During planning there may be zoning and planning issues that must be addressed. Then there is the question of development partnerships or joint ventures. Are the contracts written in such a way as to protect your investments? Are the financing issues with the investors or bank settled, or do you need advice? Finally, if things go well, how do you address tenant needs? We can assist on every level.
Pre-construction involves decision about contract types; Lump Sum, CM, CM at Risk, Design Build, all are options you may face – each with a choice. Is it your architect and engineers or someone else’s? Do you develop the plans and specs? Who is responsible to whom? Schedules and time constraints are important. All these items then need to be addressed in your contracts. Do you need a performance bond? You have to anticipate problems and plan for them in advance because there will be problems! That’s where we come in. We are board certified construction law experts. We draft contracts and have seen where things can go wrong and will steer you safely through the hazards of construction.
During construction problems will arise. Change orders, differing site conditions, coordination delays and plan/design issues. All of these things work to delay your project and to you, time is indeed money. You need someone who works for you to get things on track, and keep them that way. You will receive many notices and competing claims. The law is very clear as to liens and bond claims and we know the law. You can’t do it all, and no matter how good your staff is, they don’t have our experience in anticipating or correcting problems. The last thing you need is a finished project encumbered with lien or bond claims.
All defects in construction are not readily discovered before close-out. When construction defects appear, call us. No matter what your contract says, there are other steps the law says must be taken to put contractors on notice. The goal is to get the problem fixed – now. Water intrusion? Electrical problems? Cracking, peeling, settling? HVAC issues? The list is too long of things that might appear after the fact. The point for you is they need to be addressed before your property is further harmed. Call us.
Homeowners
We will assist you before, during and after construction projects.
BEFORE
We can review your construction contract and proposals. Many times the contractor will add what are called “allowances,” which can be very confusing. Other times a contractor may request money up front, just “to get started.” This is usually a bad idea – but not always. The structure of the contract can make a big difference. For instance, are there timelines for completion? Benchmarks? Pay dates tied to completion of specific items? What about substitutions and change orders? Then we have the questions about architects, engineers and geotechnical explorations – you don’t need any problem with soils later.
Is the contractor licensed? Have you checked references? We know many good contractors, and we have experience with ones that are not so good, so ask us. What if there are problems? We can help, especially if we work with you during the contract phase.
DURING
We can assist with any disputes during construction. There will be disputes during construction, that we can help you to anticipate and even avoid. If the job is slowing down, maybe we can help get it back on schedule. During construction, the goal should be to get you into your house as soon as possible. That’s always our goal.
AFTER
Somtimes a problem may develop. Cracking, blistering, air leakage or mold problems are just a few. Maybe a pipe breaks or electrical “things” start to happen. We can help figure out what the problem is, who is responsible, and get you back on track. It could be the contractor’s fault, or the architect’s, or a subcontractor’s, supplier’s or manufacturer’s. Let us find out and get the problem corrected.
Insurance claims are another area where we help homeowners. Usually, the first response to an insurance claim is to deny it. Come to us with your claim before you file it.
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