Key Questions for Your Construction Attorney

What to ask an Attorney -What questions can you ask an attorney to find out if he/she can help you, or is just someone eager to start billing.

Not surprisingly, there are many attorneys that will say anything in order to get a paying client. Their belief is that "its a legal problem" so they are qualified to help. You want to be sure that the attorney you select knows his or her stuff in the construction field.

Some typical questions would be:

Do they know the difference between construction-defect and construction law? (Surprisingly, there will be few attorneys outside the area of construction law that can intelligently define the differences, and if they cannot describe either to your satisfaction, then you should move on). Many attorneys that are not familiar with either area of law, think all construction related disputes are "construction defect".

Do they know how to calculate or determine CPM? (What is CPM?)

Do they know what float is? Who usually owns it?

How do they calculate or determine: general conditons, acceleration or compression, as-builts, red-line, change order impact (cost or time or both), delay impact, interference...?

How well do they know mechanics liens, design professional liens, stop notices... these are all legal situations, where any attorney should know the basic laws, but if they don't, then you shouldn't let them get up to speed at your expense. Find an attorney that already knows this area of law.

How well do they know indemnification, subrogation, Miller act, construction bonds (performance bonds, bid bonds, payment bonds, etc.), the different types of insurance. How well do they know the difference in public works projects vs. private works projects.

Do they know contractor licensing laws, notices such as preliminary notices, notice of completion, conditional and unconditional releases, abandonment. Do they know what conditions allow for total disgorgement.

These are typically questions that will help ferret out the construction law poseurs and give you a better feeling about who meets your qualifications as a knowledgeable construction law attorney.

via www.construction-laws.com

Thought this was a nice article from Scholefield Associates, P.C., a San Diego construction firm. Construction legal issues are unique and distinct from other legal issues and require appropriate expertise.

When I first started as general counsel to a construction company, I inherited some old construction disputes that were being handled by excellent litigators. However, those otherwise excellent litigators were not very experienced or focused on construction disputes. I found over time that the prosecution of those cases lacked a certain polish.

A similar example is often found on the financial side of a construction business. Percentage of completion accounting can be learned by accountants, but some financial experts just intuitively "get it."

Have you had any similar experiences on a construction dispute handled by a non-construction attorney?

Comments

[Kelly M. Davis]

Great post to bring to the light that not all Attorney's are created equal. If you are in construction, and need specialized legal services, I know the first thought is to just go to your business attorney. At best you will probably pay more since they will have to research the issue and at worst they might miss a critical nuance in the law and not protect your rights sufficiently.

It always makes my day to go up against an attorney that obviously doesn't know construction law and then have them later refer me their construction clients after they have been sufficiently educated that they really don’t know what they are doing.

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These are typically questions that will help ferret out the construction law poseurs and give you a better feeling about who meets your qualifications as a knowledgeable construction law attorney.

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If you are in construction, and need specialized legal services, I know the first thought is to just go to your business attorney.

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up against an attorney that obviously doesn't know construction law and then have them later refer me their construction clients after they have been sufficiently educated that they really don’t know what they are mulberry outlets

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I like your advice
Most lawyers wont talk to me in NY if I dont have a check book in my hands - but its time for me to step up and check if they know what the heck they are talking about and if they care for potential client or themselves.

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these are some good questions to ask to avoid getting scammed.

[Ben Reade]

Youve got some wonderful advice here. Im looking for an attorney myself and i know these questions to ask will prove invaluable.