Construction is one of the most economically significant resilient industries, supporting multiple businesses and driving growth in the UK. However, the key pillar of the economy has its own set of risks and challenges that delay the project’s progress, raise costs, and more.
According to Arcadis’ Global Construction Disputes Report, the average value of construction disputes in the UK reached £27.7 million in 2020, a significant increase from 2019, and resolution times, while decreasing, often took over 10 months.
The statistics highlight the need for building dispute solicitors who can help manage construction dispute resolution and solve them efficiently.
Organisations can either hire a lawyer or outsource to reputed law firms. As per a report, the percentage of clients planning to boost their external legal spend rises. Here are the statistics that depict the same.
Here is a blog with detailed information on how the right lawyers can save your project.
Why Construction Projects Need Legal Protection
Construction projects are complicated, with many stakeholders involved and high-budget contracts that need to follow strict regulatory requirements. From project negotiation to completion and inspection, legal issues may disrupt project progress and lead to construction litigation.
Whether it is a residential project, a commercial development, or an infrastructure project, having the right dispute avoidance strategies and lawyers in place can mitigate unforeseen complications. Their role typically involves:
- Protect the interests of all stakeholders through careful review and effective contract negotiation in construction
- Ensure the permits and approvals are updated and in place.
- Guidance on employment law, salary regulations, and subcontractor agreements.
- Resolving construction payment disputes and representing contractors in cases of delays or enforcement actions.
- Guidance on compliance with local regulations.
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Key Legal Areas Where Construction Lawyers Add Value
Construction law firm services or lawyers are responsible for almost every aspect of legal matters in the project and help eliminate errors, ensure compliance, and resolve the matters. Here is how exactly the lawyers help add value to the project.
1. Construction Contracts and Legal Compliance
Contracts are the foundation of any construction project. Therefore, contract negotiation in construction is the key to ensuring successful project execution and avoiding disputes. Construction lawyers thoroughly help review the contracts and ensure the agreement offers clear details and is enforceable to protect the interests of their clients. By ensuring the contract has clear clauses, they offer legal protection for contractors from future claims or breaches.
Incomplete or confusing work scope to ambiguity around project guidelines, wrong pricing, missing dispute resolution clauses, and more are a few common contract pitfalls that might result in stakeholder disputes.
2. Managing Construction Payment Disputes
Missed or withheld payments are another cause of dispute that can lead to conflict between the parties. Construction payment disputes can be in the form of contract breaches, change order disagreements, disputed invoices, etc.
Construction lawyers can assist with drafting clear payment terms and milestone clauses, help with legal notices and demand letters, file payment claims, and represent their clients in negotiations.
3. Avoiding and Resolving Building Disputes
There may be disputes over timelines, contract interpretation, project scope, payment milestones, and more. With building dispute solicitors, these challenges can be eliminated, and disputes can be resolved via mediation or litigation.
Mediation refers to talking to both parties and reaching a mutual agreement without going to court. It is a cost-effective approach and helps preserve business relations. If mediation fails, the lawyer protects your legal rights in construction projects via other channels. A skilled solicitor helps assess the situation and recommend the best outcomes.
4. Construction Defects and Liability Issues
If there are any construction defects (water leaks, cracks in the foundation, or others), the construction defect lawyers investigate and address the issue with the best legal advice. Depending on the defect, they determine the liability and appeal to seek the cost of repair, cover the damage, or terminate the contract.
The property owner has the right to expect the work done as per the contract while ensuring professionalism. If the contractor feels the case is invalid, they can defend it in court.
5. Construction Litigation – When Disputes Escalate
As discussed above, if mediation or negotiation does not work out, the only process left is construction litigation. It involves claims related to contracts, defects, delays, or payment issues. So, hiring an expert seamlessly handles all aspects of the case, from preparing legal documents to filing the claim, managing witnesses, and representing the client in court.
Alternative dispute resolution in construction that helps solve the matters out of the court involves arbitration, adjudication, and negotiation.
How to Choose the Right Construction Lawyer for Your Project
Here is a step-by-step guide that helps you choose the best construction lawyer for your next project:
1. Evaluating Legal Experience in Construction Law
Check what exactly the construction law firm services are offered and evaluate their experience. A few factors that can help include reviewing past cases, checking what kind of clients they have worked with, their experience, success rate of projects, mouth-of-word from others, and more.
2. Understanding Legal Fees and Retainer Agreements
Understanding their fee structure is vital, as you spend a hefty amount. Some of the lawyers charge on an hourly basis, and some provide retainer packages. You should clearly understand what the lawyer is charging in matters like construction claim settlement.
A retainer package can be cost-effective if you want a long-term partnership with the lawyer or the firm.
3. Checking Client Reviews and Industry Reputation
Client reviews and industry reputation are the most important factors you must consider when hiring construction contract lawyers. Positive client feedback from past projects helps understand the lawyer’s credibility and effectiveness in solving construction-related matters.
4. Questions to Ask Before Hiring a Construction Lawyer
Ask whatever is on your mind. A few questions you must ask the lawyer are:
- Relevant experience on similar projects?
- What is the fee structure and approach they follow?
- Availability throughout the project
Robust communication with the lawyer ensures you stay informed about your decision.
How Lawyer Sorted Can Help You Find the Right Construction Lawyer
At Lawyer Sorted, our team helps contractors and developers seamlessly connect with construction lawyers and litigation professionals who can help you draft contracts, resolve construction issues, handle limitations, and more.
We listen to and understand your concern about offering customised services to meet your project needs. Contact us today to save time, reduce risk, and get legal support.
FAQs on Avoiding Legal Disputes in Construction Projects
Q. What are the common causes of construction litigation?
Common causes of construction litigation include delayed/missed payments, contract breaches, changes in scope, construction defects, or inability to comply with and meet the specifications and safety standards.
Q. How do building dispute solicitors resolve conflicts?
Building dispute solicitors implements different strategies like assessing the legal situation, facilitating negotiation or mediation, and representing the client in the arbitration to prove them innocent if needed – to help clients reach a final resolution.
Q. What should be included in a solid construction contract?
A construction contract should have detailed information about the work scope, payment terms, milestones, project timelines, change order procedures, dispute resolution methods, and liability clauses.
Q. How do I handle a defective construction claim legally?
To legally handle a defective construction claim, begin with document drafting of the issue, review your contract, and update the construction defect lawyer to explore opportunities for compensation or repair claims, or take legal action.
Q. What is the best way to settle disputes without litigation?
A construction contract should have detailed information about the work scope, payment terms, milestones, project timelines, change order procedures, dispute resolution methods, and liability clauses.
Q. Can a lawyer help with construction permit and zoning issues?
Yes, a construction lawyer can assist you with construction permit and zoning issues while guiding you with the legal processes and addressing the regulatory issues to prevent delays. They can also assist with obtaining construction permits and ensuring all the necessary documents are submitted on time.
Q. How do I choose the right construction lawyer for my case?
Look out for different law firms or individual lawyers who have an experienced track record, robust communication skills, and positive feedback.
Q. When should I involve a construction lawyer in my project?
Ideally, one should involve a construction lawyer on a permanent or contract basis during the project deal. Involving at this stage allows them to thoroughly review the contract before the deal and protect their client’s interest. Other roles involve handling disputes, regulatory concerns, and other project-related changes.
