Denver Construction Law
Save Money With Construction Law Legal Disputes In Denver CO
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Construction companies are often challenged by subcontractors for wrongful termination. In other situations prime contractors are faced with claims that allege differing site conditions and delays. Overcoming these constant dilemmas can sometimes mean drafting better subcontracts that address strict procedures that bid third parties.
The last thing you want to perform a construction project at a loss. If you are the prime on a government project, understanding the complex rules and clauses that are incorporated into your contract can save you thousands or millions of dollars. This means having the right construction law attorney on your team.
Construction Litigation – Assess Your Dispute for Strengths and Weaknesses Early.
When construction litigation arises, most lawyers automatically plan for the big trial. Although every case should contemplate litigation in court, the best approach is to spend time and effort by carefully assessing the strengths and weakness lurking in the case. This early overview can help you to launch the strong points early. It can force the other side to settle.
- Simply because the other side alleges a breach of contract is not conclusive.
- Parties have to prove their case with supporting evidence and facts.
- Oftentimes, the crucial evidence is missing.
Having a construction lawyer to carefully review the signed agreement can uncover meaningful mistakes made by the opposition. It can oftentimes force the other side to be on the defensive instead of the offensive.
Learn how to avoid the most costly mistakes facing Colorado construction companies and how avoiding those mistakes can save thousands in litigation cost while increasing revenues.
Five Ways to Save Money and Avoid Construction Litigation
Always have your construction contract reviewed by a lawyer. Before signing the contract, you should look for important clauses such as liquidated damages, remedies for breach of construction contract; attorney fees clause; and always ensure that types of materials are specified; plans are drawn accurately. If you are a subcontractor, you always want to ensure that the contract is not one-sided.
The second thing to do on any construction project is to take pictures at every phase of the project (at a minimum). Designate the same person (if possible) to take pictures at the construction project. Save your pictures electronically and keep them in a safe place. Use tape measures and video tapes when possible in close-ups when possible. If you fail to accomplish this, an attorney will find it difficult during the discovery process. If you don’t have sound evidence, your risk increases during litigation. A jury will have no choice but to defer to your credibility.
Third, if you are a prime contractor, always send written communications to your subcontractor that articulate problems on the construction site. Ensure that you specifically give deadlines to correct problems or point to your construction contract to highlight your remedies and intention to exercise them.
Hold meetings to discuss problems and follow up with meeting minutes.
If you are a party to large construction contract, you should always ensure that your subcontractor has a bond. Many companies relax this requirement, only to find themselves with less legal remedies when the subcontractor does not perform or pay second tier subcontractors.
Payment Problems and Paid-if Paid Clause
What happens to subcontractors when owners can’t pay their general contractors? If their subcontracts have “pay-if-paid” provisions, the subcontractors may be out of luck. Those provisions mean that if the general does not get paid, it does not have to pay its subcontractors. While there are a number of courts in other states that have declared pay-if-paid clauses to be unenforceable, that is not presently the rule in Colorado. If the construction contract’s language is clear and unambiguous, a subcontractor is simply out of luck. This but one reason to have a Colorado construction law attorney review contracts before signing.
Do you have flow-down clauses in your construction contract? This can be a problematic area. Especially in federal government construction contracts, many prime construction contractors place flow down clauses to minimize damages in situations such as a termination for convenience. As construction lawyers in Denver, we often advise clients to specify each clause that flows down to a subcontractor. General statements create problems during litigation. In federal contractors, for example, there are certain mandatory flow-down clauses. However, it is still prudent to specify them. Termination for convenience of the prime creates additional problems. Some construction companies make the mistake of drafting clauses that can be construed as the prime inventing whatever reason they want to as “termination for convenience.”
Tip for contractors: In every construction contract, you should provide for attorney fees in the event of litigation.
Increase Revenues in Government Construction Contracts
If you are a Colorado construction company, large or small, and seeking to venture into the federal market place, our law firm can certainly help. We simply do not await a legal dispute to then form relationships. Instead, we have earned our credibility with clients simply because our attorneys take a more proactive approach to helping you increase your bottom line.
Construction companies are not well informed about effectively seeking out and bidding on government contracts. Our construction attorneys and consultants serve business across the country and can help you.
Our Denver construction law lawyers are well-versed in in federal government construction laws. We represent large and small businesses across the country on issues pertaining to compliance, terminations for convenience or default, breach of construction contracts and more.
Help With All Types of Construction Disputes.
When high-profile construction litigation cases on present, we can join forces as the need arises with large players. However, we choose to conduct our legal practice on a smaller scale in order to reduce cost to you. A summary of construction law litigation services include: litigation, construction defects, federal government construction projects, drafting effective contracts, differing site conditions, terminations for convenience and default, construction litigation for prime contractors or subcontractors, in addition to payment bond matters.
We resolve problems related to:
- Equitable Adjustment
- Construction Claims
- Subcontractor Disputes
- Miller Act Claims
- Differing Site Conditions
- Construction Litigation
- Federal Government Construction
Construction Law Resolution Lawyers in Denver, Colorado
The Denver construction lawyers at Watson & Associates, LLC provide real solutions for prime and subcontractors in Colorado. When a project is on the way, many issues can creep up on you and create additional headaches. Whether you are facing differing site conditions, seeking request for equitable adjustments or facing a problem with delays, our construction law attorneys will help you get to the bottom of the problem in the most cost-effective and legally sound fashion.
When resolution or performance becomes a problem, obtaining the strongest position early in your case can be very effective because the other side tends to settle matters quickly. At Watson & Associates, LLC our lawyers view every construction case as though it we going to trial. However, our first priority as a law firm is to resolve disputes promptly and cost-efficiently. This can be through mediation or arbitration.
Important Information for Contractors
Call Our Denver Construction Law Attorneys Lawyers Today
For immediate resolution to Colorado construction defect or litigation disputes, call the Denver law firm at Watson & Associates, LLC at 720-941-7200 or contact us online.