Solving Construction Issues

When it comes to construction projects, an ounce of prevention is worth a pound of cure. Whether you are a builder, supplier, subcontractor, engineer or architect, it’s critical that you carefully negotiate and understand your risk points.

However, even the most prudent business can find itself embroiled in a dispute. It’s impossible to document every detail and much in the construction industry relies on trust. Thus, while most disputes can be averted, if you’re in the construction business long enough, you will undoubtedly find yourself knee deep in a disagreement.

How Epiphany Law Can Help

Regardless of the cause of the dispute, when it comes to a construction project it is critical that solutions are reached in an expedited and economical manner. As the old adage goes, “Time is money.”

At Epiphany Law, our attorneys are experienced in all facets of the construction industry. We have been there, done that. We understand the issues, the players and the stakes.
No matter your company’s role in the construction process, we can help anticipate problems before they arise. And when disputes arise, we know how to promptly address issues that can derail a deadline.

Questions & Answers

Q: What are some of the means for settling a construction dispute? 
A: Most construction disputes are settled via negotiation, mediation, arbitration or litigation. The most preferable route is negotiation. More often than not, Epiphany Law can help you negotiate an expedited settlement, thereby ensuring that the project gets back on track and you get paid. If more aggressive tactics are necessary, Epiphany Law will forcefully protect your rights and ensure you receive a fair result.

Q: Is a construction lien beneficial? 
A: It can be, particularly if you are the party who hasn’t been paid. However, a construction lien is but one tool used to bring about a favorable solution. Thus, while a properly perfected construction lien can be powerful ammunition, it is certainly not a replacement for a properly worded contract or knowledgeable legal representation.

Q: What are liquidated damages? 
A: Liquidated damages are dollar amounts generally set forth in a construction contract that the parties agree will represent actual damages in the event of breach. A simplified example would be “Contractor shall pay Company $1,000 for each day of delay in the Project.” In general, if such clauses are reasonable estimates when agreed upon, they are enforceable. However, if not reasonable and merely a penalty, the clause is generally not enforceable.