Legally Speaking: When to Engage Construction Legal Counsel
Posted on January 10, 2017 by J. Norman Stark
- A company receives a lawyer letter, stating representation of a party involved in one of the company’s projects, with notification of a claim for damages.
- A company receives documents appearing to be new, unusual or unforeseen contract forms, additions, modifications or change orders.
- Company encounters acts or conduct by another party on the project which is inconsistent with its previous experience, posing a potential risk factor.
- A company receives assertion or notice, written or verbal, of potential claims by anyone.
- A company considers terminating a subcontractor, supplier, or pulling off from the project.
- A company detects or recognizes acts or conduct which may jeopardize the project or the company’s position.
- A company discovers information which tends to raise substantial doubt of timely payment.
- A company recognizes unusual conduct of the owner, developer, lender or others on the project which normally would not require the attention or intervention of the company’s lawyer.
- Company experiences personality problems with representatives of another party on the project.
- A company, after repeated efforts to resolve differences or difficulties, continues to experience significant risk, requests counsel to consider and advise on proper strategy implementation.
- A company receives formal notice of an insurable lien or claim, threatening to stop the work, or demanding payment for work completed.
- Company experiences injuries or loss of property on a project, with insurable losses.
- A company recognizes financial instability of an owner or subcontractor, or disputes persist, impacting potential profitability of the project.
Experienced construction counsel may be relied upon to implement avoidance