There are several key situations when hiring a construction attorney in Washington state is advisable.
1. For Lawsuits or Alternative Dispute Resolution
It is always a good idea to hire an attorney if you have been sued, contemplating suing someone, or trying to move towards a form of dispute resolution. A construction litigation attorney can ensure you are as prepared as possible if you have been sued or want to sue a customer for nonpayment or other material breach of the contract. They can help evaluate your case and recommend the best resolution path, help inform you of what evidence to preserve, ensure compliance with notice requirements, all with the end goal of improving your chances for a favorable outcome. Using a construction litigation attorney can also make reaching a compromise quicker by assisting with negotiations especially if there has been a breakdown in communication between the parties. They can also provide alternative forms to resolve the dispute such as mediation, submitting the matter to arbitration, or filing suit in court.
Construction disputes often arise due to:
- Contract breaches (e.g., failure to meet deadlines, poor workmanship)
- Payment issues (non-payment or underpayment)
- Change orders (disagreements over scope or cost changes)
- Construction defects (structural problems, code violations)
- Delays (caused by weather, labor shortages, or mismanagement)
- Miscommunication between contractors, subcontractors, and clients
If you think there has been a breach in the Contract or you are contemplating terminating your Contract, it is imperative to consult with a construction litigation attorney before proceeding. They can instruct you on how to go through this process and discuss any issues that may occur.
2. Before Signing a Contract
One way to avoid potential legal issues is having a construction litigation attorney draft or review the contract before it is executed. The attorney can ensure standard provisions are included such as start and end dates, payment schedules, scope of work, dispute resolution, change order process, notice requirements, what constitutes as a default, and grounds for terminating a contract. The attorney can also add provisions into the contract that are tailored to address project-specific needs.
Having an attorney review your contract prior to signing will help protect your rights and interests, while creating a more streamlined process in addressing a dispute if one arises. Additionally, they can give you advice on how to utilize the provisions in your contract if you ever need to.
If you are experiencing any of the above-mentioned scenarios, it’s important to consult a construction litigation attorney today. As most know, construction projects can be complex and involve a lot of moving parts. Don’t wait until it is too late to protect your interests.
Author:
Michelle So
At Holmquist & Gardiner, Michelle represents clients in construction, real estate, and business litigation. Similar to family law, litigation in construction, real estate and business occurs when parties cannot resolve their issue, have gone their separate ways, and need counsel to assist them with resolving their dispute.
