Legally Speaking

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 of risks and claims.

Written by : Guest