Big construction companies and builders often hire building and construction lawyers before they embark on a new project. Some even have full-time construction lawyers in their team to keep the project on track with the legal terms and requirements.

If you’re a new constructor or builder starting out in the industry, you must be wondering whether having a law firm to back you up in your projects is necessary. The answer is yes! Although there is no legal obligation to do so, it would be in your best interest to have a construction lawyer in your team.

Let’s learn more about the importance of having a construction and building lawyer to back you in construction projects!

Building and Construction Laws

Building and constructions laws are a set of rules and regulations to deal with any and all disputes that may arise during a construction project. These laws set in place regulations for the contracts between customers and builders, sub-contractors and builders, and any other stakeholders in the project. The law resolves any disputes between the two parties involved in a particular construction and building project.

Take a look at the different areas that your construction and building lawyers help you with:

  • Construction claims

  • Home Building Act 1989

  • Building and Construction Industry Security of Payment Act

  • Construction litigation

  • Professional liability and negligence

  • Home warranty claims

  • Joint venture and business negotiations

  • Building protection works

  • Risk management

  • Contract writing, administration, interpretation, and advice

  • Construction contracts and schedules of payment

  • Debt recovery

  • Arbitration and mediation

  • Insurance claims advice

Your construction and building lawyers can provide legal advice on commercial or industrial building projects, complex matters of building, construction, and development, and any other legal issues that arise during or as a result of your construction projects.

Construction lawyers can help you deal with your customers, builders, developers, investors, contractors, engineers, architects, project managers, and any other professionals associated with the project. If any dispute arises between two parties, your lawyers can protect your rights and your project legally.

Contentious and Non-Contentious Areas

Building and construction lawyers specialize in one of the two broad areas of construction law: contentious and non-contentious. Lawyers who practice in contentious areas of the field provide the following services:

  • Settlements for dispute resolution

  • Third-party mediation

  • Arbitration

  • Litigation

  • Adjudication

On the other hand, lawyers working in the non-contentious area help you with the following:

  • Preparations and negotiation with different stakeholders and interested parties in the construction project, such as landowners, architects, builders, contractors, engineers, etc.

  • Procurement of resources and funding by coordinating with finance and real estate departments legally.

  • Providing legal advice on health and safety, environment, insurance, and other related matters,

  • Acquire required civil and municipal approvals and sanctions from government authorities.

  • Assist in project registration, taxes, and other associated paperwork.

  • Ensure compliance with the Building and Construction Industry Security of Payment Act.

Construction Disputes

Construction disputes in a project are common where the administration isn’t carried out structurally and legally. Even with proper administration and management, disputes can still arise between two parties involved in a construction project. That is why it is essential to have a law firm to back you and protect your rights and interests.

When you have a construction lawyer in your team, they can help you solve any disputes both formally and informally to ensure that there is minimal loss of time and money. Construction and building lawyers will provide reliable, trusted, and strong legal representation during disputes. They make sure that your rights and interests are safe throughout the project. Moreover, a building lawyer can negotiate better terms and agreements with stakeholders.

Final Thoughts

Having a law firm to back you up in all your low and high stakes construction projects ensures that all your rights are enforced, and your interests are protected. Your lawyer will resolve any and all disputes that may arise during the project and will ensure that the project meets all the legal requirements.

For legal advice and representation in construction projects, contact us at Chamberlains.