Planning a construction project can be tedious. The State of Louisiana and its Legislature weaves an intricate web of laws and regulations between every party in a construction project. The architect, construction companies, contractors, subcontractors, and even vendors, can heavily impact a project’s workflow and must have their affairs in order. Hiccups between these parties can complicate and create delays during what should be a routine build. I always say “an ounce of prevention is worth a pound of cure.” Working with a construction site attorney can save your business time and money if done correctly.
According to a recent study, the construction industry is expected to grow by 5% this year, thanks to an improving economy. This means your business could be taking on more projects and creating the potential for more delays, prompting your business to consider retaining in a dedicated construction attorney.
An experienced Louisiana construction site attorney can help you handle an array of legal issues that arise from issues such as worker injuries and contract disputes. An attorney deeply familiar with construction site law can save your company time and money. Here’s how:
Preventing Back-End Mistakes
One of the biggest issues in construction projects is cash flow. If you’re in charge of shepherding a huge project to fruition, you could face massive delays if a vendor or supplier doesn’t fulfill his or her end of the bargain.
You might even run into issues where workers refuse to report to a site because they’re not getting paid. A construction lien is a simple way to avoid this mess. Drafting such a lien requires the assistance of an experienced attorney familiar with the intricacies of Louisiana construction law.
Here at Smiley Law Firm we draft and file construction liens daily, we may be some of the most experienced attorneys working with liens in the state. Many times we get other attorneys who need help with the lien for a client to employ our services just to make sure everything is completed correctly.
Providing Legal Protection From Worker Civil Action
Construction is one of the most dangerous jobs in the country, and employers are required to provide and maintain safe workplaces. The workers’ compensation program may affect an injured worker’s ability to file a suit against his or her direct employer, but it won’t protect third parties from allegations of negligence or carelessness.
A strong construction contract can help protect your company from third-party liability suits, such as injury claims resulting from the negligence of a passing motorist or a construction vendor, mitigating risk of excessive and unnecessary costs.
Alternatively, injured workers may have other means of collecting when hurt on a construction site than Workers Compensation. If there is negligence of a third party, then the injured worker may have a chance to collect for his/her pain and suffering from the injury.
Smiley Law Firm attorneys have helped injured workers with catastrophic injuries.
Seamlessly Handling Contract Disputes
Contract disputes are common with construction projects. Effectively protecting your best interests requires in-depth knowledge of area laws and regulations.
This is especially true with government contracts or projects requiring federal intervention or compliance. A construction site attorney will help navigate these challenges and save you time by dealing with the bureaucratic red tape.
The contract is the law between the parties. The terms of the contract are the rules that the parties have to live by on the construction project. It is smart to get your contract reviewed and negotiated before signing.
Providing Relief for Your In-House Counsel
If your company has general counsel or in-house counsel, they likely have enough on his or her plate in dealing with evolving client requests while tackling other tasks and projects. It’s often beneficial to hire outside counsel dedicated to your construction projects and contracts.
This collaborative relationship will minimize the chance of “Black Swan” type events on site by providing ironclad contracts and other legal help, and it will free up your internal team to focus on what they do best (and what they really like to do).
Smiley Law Firm is often hired in addition to a company’s general counsel so that we can handle the construction litigation and help the company navigate the complex issues that surround any construction project or job site.
Avoiding Litigation in Favor of More Flexible Solutions
Disputes can and do arise despite smart agreements and thoroughly reviewed contracts. Often, both parties can avoid the extra expense and timely process of litigation in favor of other options.
Construction companies often pursue mediation and/or arbitration to resolve binding and nonbinding contract disputes. A qualified attorney can save you time and allow you to get your project back on track, giving you peace of mind.
To learn more about our construction litigation, alternative dispute resolution, and construction site services, contact us for a strategic review of your legal options.