Construction Law

CONSTRUCTION PROJECTS

WHY ARE THEY SO DISPUTE ORIENTED

In the past quarter century or so, construction projects, large and small, have become increasingly more dispute oriented. It would be easy to right this off as a result of the increasing litigation seen throughout society; however, that would be too simplistic and downright misleading. The rise in problems, disputes, and litigation can be directly related to the increasing complexity of the construction industry.

The construction industry has undergone dramatic change in the recent past. New and more complex building materials have been introduced. Many of these materials are highly specialized and require builders to have a higher degree of skill and knowledge to select, install, and maintain these products.

Residential and small-scale projects are not big enough to attract the larger, more knowledgeable contractors. Smaller companies fill this gap and often have work crews that rise and fall with the amount of work currently available. This unstable work force is ripe for problems such as: untimely startup, delayed completion, failure to complete, or the lack of knowledge and skill necessary to perform in a workmanlike manner. After completion of the project, the problems of selecting, installing, and maintaining the building materials can become painfully obvious.

Larger projects have their own unique problems. The “normal” large construction project requires that a great number of entities or parties work together for the success of the project. The ability of these groups to set aside their own interests, whether pecuniary, control, ego etc., are prime factors in how “smooth” or problem-free the project progresses. The cast of characters involved in a major construction project may include:

• The owner
  
  
• The lender
  
  
• The design professional(s)
  
  
• Local, state, and federal governmental agencies
  
  
• The surety
  
  
• The general contractor
  
  
• The subcontractors
  
  
• The suppliers
  
  
• The unions
  
  
• Specialty consultants
  
  
• The public at large

Every construction deal, large or small, is full of pitfalls. Things people say, do, or sign can have legal implications. How can you avoid lawsuits in a construction project? When you can’t avoid them, how can you better position yourself for the best possible outcome in negation or litigation? Get an attorney involved early in the process rather than latter. It is far better to invest in a little review and prevention than to go it alone and then have to hire someone to dig you out of a big hole. As grandma used to say, “An ounce of prevention is cheaper than a pound of cure.” Tim encourages his established clients to call and keep him informed of events as they develop. Often he does not charge for brief conversations. He does not want his clients worrying about whether to call him or not and what it may cost them. He would rather them call and discover there is no problem than to not call at all because of the cost. If you are about to start a project or have one that is not going as well as you would like, give Tim a call today.

Call Tim Walerius at (419)241-2300 for a private, initial phone assesment of your situation today. Generally, at NO CHARGE to you, this conversation will help you determine the best course of action. Fair, private, and honest.

Call Tim today at (419)241-2300, or e-mail using the form below.

Now you can find out from the comfort of your home!

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Copyright 2004 Timothy Walerius