What Construction Lawyers Do And When You Need One

There are many circumstances in which companies, property owners or individuals in the construction industry would require the help of legal counsel.

Construction lawyers are well versed with the often complicated and heavily regulated rules in the industry. Their specialized focus enables them to effectively represent their clients while following updated, expanded upon or otherwise changed regulations that happen over the course of time. In turn, the legal experts can take the burden from their clients and offer them some piece-of-mind as they work through each stage of their project and effectively represent a client when issues arise.

How can construction lawyers help my business?

According to a recent market and research report, the construction industry grew 6.1% in Canada in 2021 and is poised to expand an additional 4% by the end of 2022.

With expansion comes greater need from construction law firms to manage a variety of industry-related legal matters for both contractors and property owners. Some of those dealings include:

• Builder’s liens
• Contracts
• Payment Collections
• Tenders
• Holdbacks
• Contractor disputes
• Small claims
• Adjudication

When do businesses need construction lawyers?

Construction industry members, whether they be the contractors hired to do the work or the property owners themselves, can benefit from choosing legal experts who specialize in matters regarding the industry.

The advantages of collaborating with a legal team that has a more narrowed focus to the industry can assist in matters that are both proactive as well as reactive.

Proactive situations

Guidance, in accordance with the law, can serve as a major benefit to anyone working within the construction industry, especially if that guidance helps avoid problems down the road.

For instance, construction lawyers can help clients develop and fine-tune contracts before the work begins, ensuring that all details are covered. Legal counsel for construction clients can also help in other areas, such as advising on best practices to avoid unpaid accounts and other proactive measures.

Reactive situations

While dilemmas aren’t ideal in any industry, they do happen and are best addressed by experts.

Some of the issues that arise include:

• Breach of contract
• Deficiences/Back-charges
• Delay of project
• Default on payment for goods and services
• Property damage

In these situations, some may opt to file a lawsuit in Small Claims Court to recoup financial losses under a capped amount. While a lawyer isn’t required to navigate a case in Small Claims Court, having legal counsel may help alleviate the stress and unfamiliarity of the legal system.

Benefiting the industry at large

Aside from working directly with clients on specific needs, construction lawyers who are involved with industry organizations can lead to a more cohesive business relationship for all involved.

For example, Corestone Law partners with several local industry leaders including, Ontario Society of Professional Engineers, Ontario Electrical League, and Ontario Mechanical League.

In addition to benefits through the partnerships, such as free consultations, the collaboration between a law firm and industry organizations optimizes services within those communities.

Construction lawyers are a vital component in doing businesses in the industry. From larger commercial outfits to individual contractors, having a knowledgeable and specialized legal leader as part of the team makes good sense.