Whether you’re building a multi-story development or a single-family home, you need to pay attention to construction law. Breaches of contracts, building code specifications, and negligence can all cause disagreements and, in some cases, lead to a lawsuit.
Our firm gets construction law. If you’re stuck and unsure of what to do next, we’re here to make sense of your case. Working with a construction law lawyer from Farmer & Morris, PLLC can allow you to focus on other important business matters.
- Working With a Construction Law Lawyer
- Types of Construction Law Cases
- Construction Law Statutes of Limitations
- Hire a Construction Law Lawyer Today
Working With a Construction Law Lawyer
Construction law is complicated, involving an often maddening combination of federal statutes, local statutes, and intricate contracts. When disputes arise, it can be difficult to know what to do next.
At Farmer & Morris, PLLC, we can simplify your construction law case. We can act as your legal representative if you’re struggling with a contract breach or another challenge related to your building project. You don’t need to tangle with a labyrinth of rules and proceedings alone – we’re here to provide clarity and focus.
Our Construction Law Lawyer
Mark Morris leads our construction law cases. Attorney Morris holds several accolades and certifications, including:
- 2015 Avvo Clients’ Choice
- Million Dollar Advocates Forum member
- Voted the Best Attorney of Rutherford County for eight years straight by the Daily Courier Readers’ Polls
Types of Construction Law Cases
Our team can support you through several types of construction law cases, including:
Contract Negotiations
Contracts are binding legal documents. If a party doesn’t fulfill their side of a contract, they could face legal action. Therefore, it’s vital that you know exactly what you’re signing up for before you agree to a contract.
Our team can review and assist with crafting construction contracts, including:
- Integrated project delivery contracts: Integrated project delivery contracts involve multiple parties, including designers, owners, and builders. While complicated, they can promote teamwork and ownership on large construction projects.
- Lump-sum contracts: A lump-sum contract entails a single, non-flexible payment. The simplicity of these contracts is beneficial during simple construction projects.
- Time and materials contracts: Time and materials contracts are nearly identical to lump-sum contracts, except that they provide flexibility in staffing and materials costs.
- Unit price contracts: In a unit price contract, the price of an individual unit (apartment building, house, etc.) is decided before construction begins. Contractors are paid for each unit they complete.
- Incentive construction contracts: Incentive construction contracts encourage contracts to remain on schedule and keep costs low. To do so, they provide bonus payments for completing projects within a specific timeframe and below a certain cost threshold.
- Guaranteed maximum price contracts: Guaranteed maximum price contracts limit the amount of money a business or individual will spend on a construction project. If a contractor exceeds this limit during the project, they must cover the excess costs themselves.
- Cost-plus contracts: Under a cost-plus contract, the contractor receives payment for all expenses. Contractors tend to favor these contractors because there’s no risk of losing money on workforce or material expenses.
- Design-build contracts: Design-build contracts address building design and construction, simplifying the planning phase of the construction project.
Each type of contract has its pros and cons. We’re here to help ensure that the benefits of your construction contract outweigh its costs.
Breach of Contract
Breaches of contract occur commonly in construction law, involving one party not fulfilling their side of a contractual agreement.
This is an example of a breach of contract: imagine a business hiring a contractor to renovate a portion of its property. The ensuing contract states that the renovations must be completed by a specific date. Due to negligence or omission, the contractor does not meet this deadline, therefore breaching the construction contract.
Breaches of contract can be remedied in the following ways:
- Damages: A breach of contract can lead to financial losses. If you are the non-breaching party, you could qualify for damages.
- Court orders: Some breaches of contract can be remedied if the breaching party takes a specific action. A court could order the breaching party to take whatever steps are needed to remedy the breach.
The jurisdiction your breach of contract takes place in will affect which remedies are available to you. If you’re curious about the remedies available, our team can discuss them during a case evaluation. A construction law lawyer from Farmer & Morris Law, PLLC, can represent you during a breach of contract case.
Litigation
Litigation is a fancy word for filing a lawsuit or taking another type of legal action. If your construction law case requires legal action, we act as your legal representative.
These are some common grounds for a construction law lawsuit:
- Breach of contract: Failing to uphold the terms of a contract is grounds for legal action. If a contractor didn’t meet your terms, or a business withheld payment, we could advise you on your legal options.
- Negligence: Failing to exercise an appropriate standard of care during a construction project can result in a lawsuit. During a negligence lawsuit, you must prove that another party’s negligent behavior caused you damages or injury.
- Breach of warranty: When a contractor agrees to a project, they provide the buyer with a warranty that guarantees the quality of the proposed project. If the contractor fails to meet the standards of this warranty, they can be sued.
- Fraud and misrepresentation: Construction contracts are founded on good faith. Lies, deception, fraud, and misrepresentation can undermine this foundation, leading to legal action.
These occurrences often lead to disputes—for example, if someone is accused of negligence, it’s likely that they’ll dispute this claim. Regardless of your position in this dispute, we can review your case and explain possible next steps.
Construction Law Statutes of Limitations
Our firm operates in North and South Carolina. Both states have the same duration under their respective statute of limitations. The statute of limitations in these states for breach of warranty and breach of contract is generally three years.
However, each state has its own laws that can alter these legal deadlines. At Farmer & Morris, PLLC, we can ensure that you know every deadline associated with your case.
Hire a Construction Law Lawyer Today
If you are ready to get started on your construction law case, contact our offices today for a case evaluation.