CONSTRUCTION CONTRACT CLAIMS
Creating Contracts & Enforcing Construction Contract Claims in Washington DC
The construction law attorneys at Cowie & Mott, P.A. provide comprehensive construction law services to our clients with regard to preparation of construction contracts and the handling of construction contract claims. Our practice includes in Washington DC (District of Columbia)and Maryland. These legal services include: (1) providing legal advise regarding contractual relationships, legal rights and contract obligations arising out of the performance of on-going building construction projects, such as as change orders, shop drawings, requests for information (RFI), and delays cause by subcontractor interference, lack of subcontractor coordination, and unforeseen conditions; (2) negotiating and preparing construction contracts that protect legal rights of owners, builders, general contractors, subcontractors, architects, and engineers in the event of a legal dispute or breach of contract; (3) enforcing construction contract claims and other legal rights in the event of a breach of a a building construction contract; and (4) representing building and construction industry clients in mediation, arbitration and/or litigation involving construction contract disputes.
The likelihood of reaching a favorable result with regard to a construction contract dispute is greatly increased by having an experienced construction litigation lawyer prepare contracts and review and revise form construction industry contracts that pare presented for signature. An experienced construction litigation attorney knows the problems that must be overcome when construction legal disputes arise and can compensate and improve a parties’ likelihood of a successful resolution by removing and revising harmful contractual provisions which may not be considered or apparent until a legal dispute arises. Cowie & Mott, P.A..’s practice extends to all areas of Maryland and the Washington DC (District of Columbia).
DRAFTING AND NEGOTIATING CONTRACTUAL PROVISIONS THAT AVOID CONSTRUCTION CONTRACT CLAIMS
Construction contracts should not be created or entered into without legal advise. The Washington DC and Maryland construction attorneys and lawyers at Cowie & Mott draft construction contracts and evaluate construction contracts prepared by others. We offer practical solutions to meet the needs of our clients and the circumstances of the project in question by creating contracts and negotiating contractual revisions. Involvement of an seasoned construction lawyers with construction litigation experience enables our clients to anticipates and avoid construction contract claims or, when they occur, be in a strong contractual position to deal with them. Below is a list of contractual provisions that should be carefully examined as a matter of routine when entering into a construction contract :
Scope of Work: A construction contract should contain a precise and comprehensive written description of the scope of work, services and/or materials in order avoid misunderstanding and ambiguity, thereby avoiding construction contract claims and reducing the risk of liability.
Standards of Care and Quality: Applicable standards of care and quality by which the work, services or material will be judged should be specified to ensure that expectation for perfomance will be met and construction contract claims avoided. For workmanship and materials there are plans and specification, recognized industry standards (e.g., ASTM and ANSI standards) building codes, manufacturers guidelines, etc. that can be incorporated into or excluded from the contract. There are also standards of care for design professional and quality assurance consultants that can define the scope of services, level of skill and the the corresponding responsibilities of the parties for a construction project.
Warranties and Limitations on Liability: A contract can include express warranties that can apply to the work and/or materials provided or to other aspects of the project, such as the suitability of design drawings. If there is a failure to perform or a hidden defect in workmanship or materials, what will be the warranty repair obligations or other liabilities and how long will those obligations remain in force? One should always consider whether a contract contains a limitation on liability for delays, failure of payment, failure to perform, construction defects, faulty materials and other consequences that can interfere with a the successful completion of a construction project. Some contracts seek to limit consequential damages an cap overall liability to a specified monetary amount. Other contracts contain so-called “No Damage for Delay” clauses or pass through provisions known as “Pay when Paid” and “Pay if Paid” clauses that can severely affect the strength of construction contract claims for lack of payment.
Release of Rights and Duty to Defend: Some contracts contain provisions that require parties to release certain construction contract claims they may have in the futre and /or to indemnify (i.e., assume liabiity including duty to defend) another party from legal claims that may arise out of an construction project or the performance of a construction contract.
Litigation restriction, Arbitration and Legal Expenses: Conrtactual provisions can require the other party to pay legal expenses and attorneys fees is in the event it becomes necessary to sue or arbitrate construction contract claim.
Insurance Coverage Requirements: Construction contracts should require parties to obtain and provide proof the appropriate types of insurance coverage, including the the duration and value of the insurance coverage. In some cases it is also appropriate for an owner or there contractor to be added as a “named insured” or “additional insured” on that policy,
Some examples of legal services that our construction attorneys provide relative to the negotiation and preparation of construction contract claims include:
- Owner/Contractor Agreements
- Owner/Architect and Engineer Agreements
- Subcontracts and Subconsultant Agreements
- Design Bid Build Contracts
- Design Build Agreements (single point of contact for both design and construction)
- Commercial Lease Buildout Agreements
- Repair, Renovation & Rehabilitation Contracts
- Reuse of Existing Structure Profects
- Condominium Conversion Projects
- Construction Loan Agreement
- Land Development Projects
- Building Regulation Compliance
- Construction Project Documentation
- Construction Loan AgreementsAdaptive use projects
- Mixed Use Projects, condominium conversions
- Design Bid Build Contracts
- mechanic’s lien waivers
- progress payment waivers
- Writing, reviewing and revising contracts
Our Washington DC and Maryland construction lawyers are also construction litigation attorneys known for handling complex construction litigation matters. This construction litigation experience gives our firm’s construction lawyers a practical perspective on specific contractual provisions that are useful when construction contract claims arise in connection with a construction project. 0ur Maryland and Washington, D.C. construction attorneys’ litigation experience enable them to advise clients as to methods and strategies to avoid legal disputes and liability.
ENFORCING CONSTRUCTION CONTRACT CLAIMS
When payment, delay and performance issues impact a construction project, timely action is essential to the successful enforcement of the legal and contractual rights of owners, construction managers, contractors, design professionals, architects, engineers, general contractors and subcontractors. Early consultation with a construction lawyer regarding construction contract claims can prevent the loss of important legal remedies under the laws of Washington DC (District of Columbia) construction law.
The experienced building and construction law attorneys at Cowie & Mott,P.A. have considerable experience resolving construction contract claims. Our construction law attorneys know the issues involved in construction contract claims. When disputes arise on a construction project in Maryland or the District of Columbia, a Washington DC construction law attorneys at Cowie & Mott represent clients on all issues relating to contract interpretation, contract enforcement claims, construction defect claims, impact and delay claims, mechanics lien and payment bond claims and insurance coverage claims.
Some examples of the legal services that our construction attorneys provide relative enforcement of building and construction contract claims include:
- Mechanic’s lien claims
- Surety bond claims
- Performance bond claims
- Payment bond claims
- Enforcement of bond rights
- Breach of contract claims
- Construction defects
- Faulty workmanship and materials
- Design defects
- Faulty plans and specifications;
- Construction disputes and litigation,
- Construction arbitration and mediation
- Bank and lender project take over;
- Construction and buiding contract litigation,
- Construction project delay claims
- Unforeseen conditions and concealed defects
- Construction contract termination by owner for cause
- Contract termination or suspension of work by a contractor for cause
- Change order and Construction cost disputes
- Liquidated damages and consequential damage claims, lost profits
- Construction loan Disputes
- Surety bond issues
- Professional Liability claims agains Architects, Engineers and other design professionals
- Disputes with architects and other design professionals
- Construction Arbitration
- Construction Litigation
- Construction Mediation
- Alternative Dispute Resolution
- Bidding disputes
- Impact and Delay Claims
- Insurance coverage disputes
- Interference with the progress of work claims
- Acceleration and delay claims
- Interfere with performance claims
- Failure to coordinate work of subcontractors and provide adequate supervision
Our law firm represents clients from all over the United States with construction law matters in Maryland and the District of Columbia, including recovery of moneys owed, construction defects, delays and failure to perform contractual obligations. Contact an experienced construction lawyers at the construction law firm of Cowie & Mott, P.A. for a free and confidential consultation regarding construction contract claims in Maryland and Washington DC (District of Columbia).