As a contractor or construction company owner, your business might encounter situations where you would need the assistance of a legal expert who is well versed in construction law. These instances may range from minor issues such as entering into construction agreements connected to materials to labor concerns.
Finding a good construction lawyer is crucial as this not only gives you security in entering contracts and employing people to work in your project, but it also gives protection for you, as a client, from harassment that might be deployed by competing construction businesses, subcontractors, or aggrieved workers.
At this point, if you are still contemplating whether to get a construction lawyer or not, here are some grounds that will help you decide to get one before continuing your construction project:
Review Before Entering Contract
One question that you would initially ask when entering a construction project is, “should I need a lawyer to review this contract before signing?” And the answer, as most legal experts will say, is yes. This is quite a common query that most construction lawyers encounter.
Sure, bagging a big construction deal means big money and could open doors to more opportunities of meeting potential clients and engage in more building projects. However, just like any other contract, the complexities of terms and conditions attached to such an agreement should be left to a legal professional, specifically a construction lawyer.
Finding a good construction lawyer in Australia, or a law firm, in particular, may become quite a challenge, especially one that could cater to your company’s kind of services.
Morrissey Law + Advisory might be the law firm you need. It is a commercial and corporate law firm with expertise that ranges in all construction areas and levels – from major infrastructure projects to project delivery, dispute resolution, negotiations and contract signing, payment security, and commercial advisory.
Being a top player in construction law, Morrisey has also worked closely with other AU businesses from the private sector and even extends into the agribusiness field.
Resolution Of Potential Disputes
Related to the previous number, having a construction lawyer on board with you on your construction projects gives you an advantage, mainly if your business consists of a partnership. Having a partner in an enterprise is a typical setup for construction firms, especially between persons who have good relations.
However, no matter how good the foundation and relationship of people in a partnership have, parties cannot avoid disputes and disagreements. These disputes may arise due to several factors – neglect in management and coordination within projects, money arguments, missing project deadlines, hiccups in business operations, etc.
When things go sour in partnership, you might need a construction lawyer to intervene and have both sides reach an amicable settlement, especially when it comes to financial disputes. Not only can you save the partnership, but your business company as well.
Making Sure That Regulations Are Complied With
The construction and infrastructure field is one sector that entails the strict implementation of regulations. All construction projects and building work must strictly comply with the Building Code of Australia (BCA).
The BCA is included within the National Construction Code and provides the minimum requirements for safety, health, and sustainability in the construction and design of new infrastructure and buildings (or even improvements of existing works) within Australia.
For guidance in maneuvering through the BCA standards, a construction lawyer will come in hand who is well-informed regarding the guidelines. This will save you from many worries and stress by trying to comply with these government regulations and help you navigate the sea of legal jargon that you might not understand.
When Someone Gets Injured On The Job
Job injuries, especially in labor-intensive work like construction, are regular occurrences and something that a contractor or construction business owner must be readily prepared for.
Both the injured personnel or any other person who experiences an accident on-site and you as the owner and employer would need a construction lawyer on hand to de-escalate the situation. Injury claims and labor compensation disputes are pretty rough to deal with, and things can get ugly pretty fast.
Having a construction lawyer with you, especially in court hearings concerning injury claims, would help you stay calm and collected, and that resolution can immediately be attained in such a case. Your lawyer would also help keep you on track and have documents organized and readily available when the court requests such.
Termination Or Breach In Contracts
One of the usual drivers for construction litigation is non-compliance with obligations by parties in connection with construction agreements or contracts. Claims of defective works, such as the building itself or its improvements, could be considered a breach of contract, leading to filing a dispute before the court.
Construction lawyers, in this case, would assist by providing clarity and guide you on the steps of how to rectify such breach and may even help avoid litigation altogether.
As construction is a very complicated and complex field, a construction lawyer’s help would indeed be of great advantage when you are deciding to enter a new contract or project or extend an already existing endeavor.