As vast and fast as the construction industry is, it is bound to have several legal issues concerning the contractors, management, workers, and owners. Anyone who works in the construction industry knows there is rarely a day that goes by without some legal controversy.
Take it from us - our construction attorneys at EDJ Law Group attempt to securely represent our clients' needs and reach a favorable resolution with the prosecutor. However, we often see matters escalate quickly, requiring us to handle matters aggressively to satisfy our clients' interests.
As we are well into the year 2022, we take this opportunity to guide you about the top five legal construction issues to look out for in 2022.
Contract disputes are the most common legal issues found in the construction industry. A major reason for that is simply that there are too many parties involved in the business—the contractor, subcontractors, workers, raw material suppliers, site owners, and more. With so many parties involved, someone or the other is bound to bounce on a particular clause in the contract disrupting the process.
Moreover, there can also be a poor form of communication that evolves into the who said what and when dilemma. Misunderstanding and miscommunications are expected on a work site. You can minimize the risk of contract disputes by consulting a construction lawyer, so you have a perfect picture of what you are getting into.
There have been many cases when the owners refused to pay the workers or the contractors for the hours of work they have put in, or they did not pay the total amount. Unfortunately, such fraudulent people are still in the business, and you need to take precautionary measures to keep yourself safe from them.
Mechanic's Liens are a security interest in the title to property to benefit those who have supplied labor or materials that improve the property. It is the most powerful tool in your contract that ensures you get your rightful payment. Unfortunately, Mechanic's Lien isn't without flaws, but you can tackle it by teaming up with a competent construction lawyer.
Construction has a lot of room for the project to get off-tracks, causing delays and failure to meet deadlines. Unfortunately, false blame and misdirection often become a common practice. There can be several reasons for a delay. The raw material supply is slow or stopped, a disease outbreak, other legal issues interrupting the workflow, and other issues can cause delays. You might not be at fault but can face unjustified legal issues.
The structure's design might not appear as originally intended to. This can be due to substandard raw materials, code violations, unfair requests from the owner, such as speeding up work or design changes. However, you can face a defective construction claim that would require you to prove your quality of work.
The owner can ask the contractor for design changes or additions to the original contract. While the owner and contractor can mutually agree on the modification, negotiating the new terms can be a ground for legal issues. Modifying the order requires renegotiating the price, time, etc. It is best to hire a construction lawyer to avoid legal construction issues.