The Role of a Contractor Lawyer
Whether you’re a contractor or a subcontractor, you probably have little experience dealing with the legalities concerning your trade. That’s because contracting is a field where people learn as they go. For jobs like plumbing, electrical work, and roofing, licenses and apprenticeships usually suffice-there’s not much need to know about legal actions against contractors unless it pertains to your specific case.
However, a contractor lawyer will be able to help. But what does this professional bring to the table that you don’t already know?
The Legal Contract
A contractor lawyer will be able to paint a clear picture of your legal rights, based on your business type. A sole proprietorship will require a different approach than a partnership or corporation, and an experienced lawyer can help you understand the ins and outs of operating a business from a legal standpoint. More importantly, a contractor’s contractual and legal obligations for each job will be reviewed with you, helping you to make sense of the main document in your industry.
Legal Bluffing
Unfortunately , there are contractors out there who scorned the importance of their contract and didn’t bother to review its contents before signing. In other cases, contractors may not have the most up-to-date version of a contract, leading them to believe they have more legal rights than what’s outlined in the agreement. By hiring a contractor lawyer, you’ll know exactly what to expect when it comes to negotiating your contract, representing your company in court and understanding the repercussions of failing to meet any of the obligations therein.
Legal Representation
Unless you have a great deal of experience in the construction field, the chances are good that you aren’t a lawyer. In such cases, you’re probably not going to be able to quote the law at the drop of a hat. However, an attorney specializing in contract law will know exactly what to do when disputes arise. Regardless of which side of the fence you stand on, it’s always in your best interest to have a professional represent you in court-especially when so many contractors aren’t familiar with the law.
Why You Should Hire a Local Contractor Lawyer
Whether you are in a construction dispute with a construction contractor, subcontractor or supplier, it is advantageous to hire a construction lawyer who is in your local area. That is because local construction lawyers (contractor lawyers, subcontractor lawyers and supplier lawyers) will know best how local and state law affects your particular case.
Local construction lawyers will also know which local construction claim judges and arbitrators have had a reputation of being fair, and which ones have a reputation of being "pro-contractor." There are many other local factors that a construction dispute can turn upon, so having a local construction lawyer is an important factor.
Local construction lawyers who have been long-time residents of the area where the case will be filed also know the town, so when there is a dispute at a job site over access (like to a new housing development), the local construction lawyer can visit the job site to see whether there is a narrow turn, whether there is a problem getting trucks into the site, or whether the problem is a different kind of problem all together. The local construction lawyer will likely know every little street, alley and backway in the town that the case is to be filed in. In other words, having a local construction lawyer will be helpful in more than just the legal way one tends to think.
Sometimes the best construction case lawyers are closer than you think.
Top Services Provided by Contractor Lawyers
Far too many prospective clients are quick to decide that any general commercial litigator or business lawyer will do to provide the necessary legal services. It is very important to hire a lawyer with specific experience for your situation. This is especially true for construction lawyers, who not only practice in Massachusetts but also may work in Connecticut, Rhode Island, Vermont, and New Hampshire.
A contractor lawyer may assist you with any of the following: review or drafting of construction contracts; ensuring compliance with statutory and regulatory requirements, such as those for licensing, certification, certifications of insurance, and employee licensing (such as electrical, plumbing and other rules); pre-suit resolution of breach of contract claims; enjoining or stopping work that is being performed improperly; determining whether a surety bond or mechanic’s lien is properly in place; preparing and filing mechanics’ liens; arguing the validity of mechanics’ liens at trial; defending claims against sureties; construction defect litigation; collecting for breach of contract; taking action against a subcontractor, employee, bond or other party; claims for extra work performed; claims for delay damages; stop notices; letter of intent enforcement; mediation; arbitration; and post-judgment collection action for amounts owed to you.
How to Select the Best Contractor Lawyer in Your Area
In any construction dispute, your contractor lawyer is the most important ally you will have. An attorney with demonstrated skill in representing contractors such as yourself can be the difference between obtaining what you are due under your contract and having to pay out of pocket.
When choosing a contractor lawyer near you, there are several factors to consider. First, you should obviously ensure that the attorney you are reviewing is located in close proximity to where the legal issue arose. If a project is located in Philadelphia, for example, a lawyer’s office in Orlando will do you no good. In addition, it is typically best to hire an attorney who is licensed and works in the same state in which the project was undertaken. Laws and regulations governing contractors may differ across state lines , so hiring an attorney from another state to handle a contract dispute is not advisable.
You should also take care to listen to people who have used the contractor lawyer in the past. Talk to some of the attorney’s clients to understand what your experience will be like if you decide to that particular lawyer. You can also read online reviews of the lawyer or the law firm, or check to see if there have ever been any disciplinary actions taken against the lawyer. Most state legal boards make this information available to the public online.
In addition to researching the lawyer’s reputation, consider how experienced the attorney is in handling your type of legal issue. For example, an attorney with experience handling mechanic’s lien issues for contractors may be a better fit for you than a lawyer who handles family law disputes.
Finally, you should check to see whether the lawyer offers a free consultation. A free consultation can provide you with crucial information about your particular legal needs, how the attorney might go about solving your problem and whether you can expect to receive personal attention from the lawyer.
Cost Considerations When Hiring a Contractor Lawyer
One of the most important considerations when selecting a contractor lawyer is figuring out which attorney or law firm can best fit your budget.
The most common pricing structures for construction lawyers include:
• hourly fees – billed in tenths of an hour (i.e. 1.2 hours, etc.)
• flat fees – particularly for simple cases or consults
• retainers – an amount of money paid to secure the lawyer’s services (note: may or may not involve hourly and flat fees)
As with any service, remember that cost is not the only factor to consider. Some lawyers charge less but provide inferior construction law services. Don’t hire an inexperienced or unqualified attorney just for the sake of saving a few bucks.
When it comes to figuring out your budget and how to finance your legal needs, keep in mind that many construction lawyers are willing to work with you. From affordable payment plans to taking on contingency cases (with the understanding that you get paid after an award is rendered), to offering flat fees for legal consults, your prospective contractor lawyer may be able and willing to help you get through the financing process.
As with most things, it’s best to ask. To learn more about hiring a cost-effective construction lawyer, read all the questions to ask a contractor lawyer you plan to hire.
When selecting a lawyer, again, don’t go for the highest or lowest priced attorney you can find. It’s important to focus on your specific financial needs and the payment flexibility your lawyer can provide.
Most contractor lawyers will accept most forms of payment, including cash, check, money order, and major credit cards.
Queries to Raise with a Contractor Lawyer Before Hiring
In addition to matching your needs with their capabilities and personality, talking about the process, the fees, retainer, and other issues early helps you collaborate with your lawyer to make the case better.
For example, are you looking for a lawyer to help you with a contract negotiation, document preparation, litigation over breach of contract, or something else? Different lawyers will have different skills for these tasks, so you’ll want someone with the right skills for your case, but also someone who can help you with any other problems that might arise. Individually, will he or she be handling your case or will it be assigned to someone else? Does the firm have paralegals or other non-lawyers handling some of your case? Do you mind being billed at a lower hourly rate for non-lawyer work? Some people do, others don’t. Does your contractor lawyer talk to you in terms you understand? Does he or she talk down to you like you’re hearing-impaired or stupid? If so , you might do better to seek out someone with a little more respect for you. Does the contractor lawyer charge for consultations? What about long-distance phone calls or document review? Clarifying your lawyer’s policies on charges does not mean you need to haggle over every single task. It is simply good to know ahead of time what will and won’t be charged for and at what rate. Does your lawyer have contact information outside of office hours? If you need help outside of the normal business day, and especially during nights, weekends or holidays, but aren’t getting calls or e-mail returned, you might want to consider a different candidate. The last question is not one that’s easy to answer beforehand. Ultimately, you’ll just know that you found the right person or firm based on your research and the consultation. One good indication that this is the case is if your lawyer actually listens and addresses your concerns about the proposal and fee structure, rather than getting into ‘sales pitch’ mode and trying to convince you how great he or she is.