Construction lawyers take a wide range of legal cases related to building construction. They deal with the intersection of worker’s compensation, commercial law, employment law, contract law and civil planning commissions. But why do you need a construction lawyer? Let’s look at some of the most common cases they face.
Someone Was Injured on the Job
It isn’t common for those who were injured on the job to end up hiring lawyers. Perhaps you hired a roofer who wasn’t licensed and bonded. They don’t have the insurance to pay for the medical bills and damages their employee faced after falling off the roof. They probably don’t have the money to pay for the structural damage caused by someone falling through the ceiling, either.
Human Resources Problems
Did you know that you can fire a bad general contractor, if your contract is worded right? Did you know that you can require the contractor to only hire licensed and bonded professions to work in your home? Do you know that you have the right to fire a plumber or painter who is repeatedly late or not showing up on the agreed upon dates? If you didn’t consult with a construction attorney from the start or your general contractor is violating the HR rules written into the contractor, talk to a construction lawyer.
Arguments Over Scope of Work
The scope of work is often a source of contention. The customer may mean “build on an addition with four rooms”, and the contractor builds it with four small rooms. They may install a half bath instead of a full bath, because they don’t think there is space for a shower.
Sometimes the contractor does less work than the home owner expected them to do. Did they do the repairs but leave a massive mess behind? Or did they do less than expected, such as laying a second set of shingles on top of the first instead of removing and replacing the worn roof? This is very different than someone choosing to do shoddy work to rip off the customer.
Arguments Over Payment
Home owners often hire a general contractor who is responsible for bringing in the specialists like plumbers, electricians, HVAC installers or structural engineers. If the general contractor is bad at managing money or simply unscrupulous, they may not pay these people at all. It could be as simple as the general contractor going out of business because they were sued, and the contractors are left without payment for the work they did. Their solution is to hire a lawyer and sue you for payment.
Legal disputes can also arise over the bill amount. If your general contractor went over budget, are you obligated to pay the excess? What if they installed cheaper materials and took shortcuts? Do you still have to pay the full fee?
There Are Permitting Problems
Perhaps the contractor wasn’t a licensed plumber or electrician, so their work doesn’t meet code. Now you can’t sell the house until someone else makes the necessary upgrades and/or repairs. You’d obviously need an attorney to sue if their mistakes caused significant damage to your home.
Sometimes the problem is the local planning commission. You want to build an addition onto your home or a workshop, and the builder isn’t getting anywhere with the zoning board. Or they went ahead and built it, and you’ve been fined by the local authorities. In a worst case scenario, the new construction or renovation doesn’t meet their strict standards, and you’re ordered to pay to renovate it or outright tear it down. Hire an attorney before you take any further action.