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Construction Law – Do I Need a Construction Lawyer?

What Does a Construction Lawyer Do?

Construction lawyers provide a wide range of services and represent many different types of clients. Some of the most common services provided by a construction lawyer are:

  1. Drafting/reviewing contracts
  2. Drafting and filing a mechanic’s lien
  3. Enforcing a mechanic’s lien
  4. Addressing construction defect claims
  5. Risk management analysis
  6. Drafting or responding to demand letters
  7. Filing or defending lawsuits

Any company or person that is involved in a construction project may need a construction lawyer; general contractors, subcontractors, builders, buyers, and property owners are just a few parties who commonly use construction lawyers.

While construction lawyers are often obtained after a dispute arises, some of the most valuable services construction lawyers provide are preventative. Risk management and contract drafting are used throughout the construction industry to avoid disputes and keep projects moving at a reasonable pace.

Do I Need a Construction Lawyer?

Generally, the use of a construction lawyer is wise at any stage of a construction project. However, it may not always be financially feasible to hire a construction lawyer at every stage of the project.      Many make the mistake of only hiring a lawyer after a dispute arises, which makes answering the question of “do I need a construction lawyer” difficult.

As a rule of thumb, it is advisable to retain a construction lawyer early in the process to review and negotiate any contracts. This up-front service can save a client significantly in the long run.

At Burnham Law, we provide upfront legal services that can later save our clients from disputes and liabilities. In our experience, this upfront service saves time and money for our clients as we provide expert advice on avoiding future disputes.

However, disputes will arise, and when these disputes concern large sums of money or time, the use of a construction lawyer should be considered. In some scenarios, the use of a construction lawyer early in the dispute can help the clients avoid a lawsuit and obtain an early resolution. If a lawsuit is filed, then hiring a construction lawyer is almost always needed (other than in small claims court).

If any party is unsure whether they should hire a construction lawyer, Burnham Law provides useful and informative consultations. During these consultations, Burnham Law can provide the information needed for parties to make an informed decision on retaining a construction lawyer.

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Ashlee
Hoffmann

Senior Associate - Civil Litigation

Boulder

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