Construction Law: Protecting Your Investment

Navigating construction projects, whether residential or commercial, can be challenging without the right legal guidance. Consulting with a construction lawyer at Ferikes Bleynat & Cannon can help you avoid costly disputes and ensure that your project runs smoothly from start to finish. Our construction attorneys have the experience and expertise to identify potential risks, draft precise contracts, and offer strategic legal advice to protect your interests.

Importance of Legal Guidance in Construction Contracts

Before signing a construction contract, it’s crucial to consult with a knowledgeable attorney. A well-drafted contract will include essential provisions that protect your interests and outline the responsibilities of all parties involved. Common issues that arise during construction projects, such as work stoppages, delayed occupancy, and cost overruns, can often be avoided by addressing key elements in the contract at the outset.

Our attorneys can help you reach agreements on these important issues, spot potentially harmful contract language, and provide the peace of mind that your construction project is on solid legal ground.

Tips to Avoid Construction Disputes

Construction disputes can have severe consequences for both property owners and contractors. By following these tips, many common issues can be avoided:

1. Use a Detailed Written Contract

A contract that lacks detail may lead to disputes later on. Ensure your contract thoroughly outlines the scope of work, timeline, payment terms, and any allowances for materials.

2. Use Correct Legal Names

Make sure the contract uses the correct legal names for the contractor and property owners. The North Carolina Secretary of State’s website allows you to verify business names and ensure accuracy.

3. Clarify Cost Plus Contracts

Cost-plus contracts should specify what costs are included to prevent misunderstandings. We can help draft contracts with specific references to included cost items, reducing the chances of future disputes.

4. Differentiate Between Estimates and Fixed Prices

Clarify whether the contract provides an estimate or a fixed price. A fixed-price contract locks in the total cost, while an estimate may be subject to changes. Ensure the terms are clear to avoid confusion.

5. Use Written Change Orders

Any changes to the project should be documented in a written change order. This document should include the cost of the change, its impact on the overall contract price, and how it affects the timeline.

6. Monitor Draws Carefully

Both contractors and property owners should ensure that payment draws are consistent with the work completed. Contractors should avoid falling too far behind on payments, and owners should avoid overpaying for incomplete work.

7. Specify Allowances

When setting allowances for materials, such as appliances or fixtures, be specific. Clearly define the allowance amount and what it covers to avoid disagreements later.

8. Set Realistic Dates

Ensure all timelines and deadlines are realistic. Delays are common in construction projects, but using practical deadlines can help prevent disputes over completion dates.

9. Keep Good Records

Record keeping is essential in construction projects. Keeping receipts, correspondence, and other documentation organized will provide crucial evidence if a dispute arises.

10. Be Cautious with Arbitration Clauses

Arbitration can be a useful method for resolving disputes, but it may not always be the best option. Discuss with your attorney whether an arbitration clause is appropriate for your contract.

The Role of Construction Lawyers in Dispute Resolution

Even with well-drafted contracts, disputes can still arise. When they do, the construction lawyers at Ferikes Bleynat & Cannon are ready to guide you through the process, whether through negotiation, mediation, or litigation. We represent clients in a wide range of construction disputes, including:

• Breach of Contract
• Construction Defects
• Lien Claims
• Delay in Completion
• Payment Disputes

Contact Us for Legal Support

If you are considering a construction project or are involved in a construction dispute, contact the experienced construction lawyers at Ferikes Bleynat & Cannon. Our attorneys can help you with contract preparation, dispute resolution, and legal representation to protect your interests and ensure a successful project.