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    • Home
    • About Us
    • Practice Areas
      • HOA & Condominium
      • Civil Litigation
      • Construction
      • Real Property Disputes
      • Contract Disputes
    • Contact Us
    • Asheville, NC
    • Blog

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Construction

  

Construction law includes the legal ramifications related to the alteration, improvement, or demolitions affecting real property This type of law is related to laws and principles affecting both real property and contracts. Legal principles related to torts, business organizations, labor, tax, and potential conflicts of laws, may also be involved with issues of construction law. Questions of construction law can be anywhere from basic to extremely complicated. Cases might involve anything from a residential water leak to a complex commercial development. 


In construction law, there is critical importance on the establishment of clearly agreed upon terms and definitions. These terms should be defined within a written contract. The potential for misunderstandings and disagreements of the arrangement can minimized and even avoided by a well drafted construction contract.

FAQ

When should an attorney be brought into a construction project?

   Ideally, an attorney who is experienced in the filed of construction, should be consulted before contracts are finalized and signed. An ounce of prevention is worth a pound of cure.

   Once a project is at the point where one or more parties feel another has breached the agreement, the problem is much larger and more difficult to resolve.

The project is overbudget and/or past completion, what do I do?

   Call an experienced construction attorney to evaluate your options.

The project is complete, but I haven't been fully paid, what should I do?

   Immediately call an experienced construction attorney to evaluate your options. North Carolina grants contractors a claim of lien on real property for improvements constructed. However, those lien rights are subject to a strict time requirement. 

TOP FIVE Reasons General Contractors Need Legal Counsel

1. Quality Contracts

Better contracts result in more satisfied clients, fewer disputes, and less litigation.


2. Breach of Contract by an Owner

Utilization of an attorney as an intermediary when a relationship  with an owner starts to deteriorate can often save the project and  prevent the matter ending up in litigation.


3. Breach of Contract by a Subcontractor

Proper documentation of the failure to perform by a subcontractor and  prompt replacement can keep a project on track and minimize cost  overruns.


4. Assistance with Filling out Paper Work for Government Projects and Bonds

Compliance with bid requirements is critical when attempting to  secure these projects. An attorney can assist in making certain the  contractor is in compliance.


5. Conflicts with Employees

Many employees quit or are injured and sue their employers. Proper documentation of a  worker’s responsibilities, conduct, hours, and the circumstances  regarding their termination and/or injury are imperative for a contractor’s  protection.


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