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We represent general
contractors, subcontractors, commercial owners, residential owners, and
material suppliers in the formation of the various phases of construction,
development and reconstruction contracts. This may include the purchase
and division of real property. A properly drawn and thoroughly agreed to
contract between the parties will alleviate many misunderstandings and
disputes over the course of a construction project. Most projects involve
the association of an architect and engineer, and in some cases, they
involve other experts for specific requirements. Proper coordination of
all of these specialists with appropriate written agreements is essential. In spite of the best of
planning, a situation may occur where an individual or company is not
performing, is performing in a sub-standard manner, or simply breaches the
agreements. There are various alternatives, including simply filing a
lawsuit to obtain your remedy, whether it be to force compliance or to
obtain a money judgment. All contractors must, by state law, be bonded.
However, the bond requirements for contractors by the State is minimal. A
performance bond for the work to be performed should be required if the
project justifies the added expense. Companies which supply
labor and materials to a project must strictly follow statutory notice
procedures before they can claim a lien on the real property where the
material and/or labor is supplied. Otherwise, they will lose this normally
valuable right. Depending on the project, this claim may in fact have
little value if there is not sufficient equity to support the myriad of
claims that may attach. All parties involved in any construction project should be well aware of all of their rights and remedies, as well as be very familiar with the individual or company with whom they are contracting. If the party appears to be over-extended, be wary and agree to the contract only on a "COD" basis or payment up front before the work or material is supplied. |
Attorneys Practicing in Construction:
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