Construction law refers to a body of rules and regulations that govern the planning, design, and construction of buildings. The builders must adhere to the local, state, and federal construction laws before pouring the first bit of cement. If you are charged with a misconduct claim or require legal representation, you’ll need a construction lawyer to represent you in court. 

Here we give you a low-down on the fundamentals of construction laws and how it is practiced.

What does a construction lawyer do?

Construction lawyers provide legal representation and advice to property owners, developers, tenants, project managers, trade contractors, suppliers, and consultants. 

  • Advise any party to a construction agreement on issues such as delays, variations, and defects.
  • Represent their clients in court, file pleadings, answer questions and respond to complaints. 
  • Draft and submit responses to interrogatories and document requests. 
  • Review documents such as contracts, floor plans, inspection reports, and blueprints, and use them as exhibits in a court of law while prosecuting a case or defending a client.
  • Handle weighty issues like wrongful death claims and workplace accidents. 
  • Offer legal advice regarding general construction issues, property line disputes, and project bidding.
  • Draft legal documents such as purchase and liquidation agreements.

Areas of construction law

Contract law

Companies and professionals enter into contracts before the beginning of a project. When one party denies work or payment, the language in these contracts often plays an important role. Construction lawyers help their clients draft and review the contracts before signing them. 

Planning and approvals

Professionals in the construction industry often need to get government approval for their work. Lawyers help by researching what permissions are necessary and what they need to do to help their clients get the appropriate authorizations. Approaching government officials for approvals often requires tact and proper documentation. 

Employment law

Business owners depend on workers to do the bulk of their work like hiring, firing, and management. Lawyers can help owners hire and manage people following state and federal laws.

Worker’s compensation

Most construction companies need to provide worker’s compensation insurance for their employees. Lawyers know how to purchase the proper insurance, notify employees of their right to make a claim, and comply with their obligations when claims occur.

Torts

When an employee or members of the public get injured on the job, construction owners may have to defend themselves from lawsuits or resolve torts outside of court. 

Property law

Property law helps companies purchase and manage properties with confidence. Lawyers ascertain any property ownership disputes.

Dispute resolution

Despite diligent planning and management of construction contracts, property disputes occasionally do arise. Attorneys who represent construction companies often deal with a significant amount of dispute resolution. 

Occupational safety

Employers and contractors have to make sure that they comply with the Occupational Safety and Health Administration requirements. Non-compliance with OSHA rules can bring with it significant penalties and work disruptions.

Litigation

Sometimes it might be in the client’s best interests to take a case to court. When this happens, construction attorneys must know the applicable rules of civil procedure and evidence. 

About The Wotitzky Law Firm

If you are looking for a construction attorney in Charlotte, The Wotitzky Law Firm is here to help. We are one of the oldest law firms in Southwest Florida. Our lawyers can guide you with workplace safety norms, employment laws, hiring practices, and worksite requirements. Call us at 941-639-2171 or fill our online contact form to know more.