In a perfect world, you would know your rights at all times during a construction project, but you might not be thinking like a lawyer. For example, if you are the property owner, you may be focused on the logistics of getting your building (or addition or remodel) built rather than thinking about legalities.
AVOID PITFALLS
Recent developments in Pennsylvania protect contractors, subcontractors, and suppliers of materials like never before. You need to know how to use the law to your advantage.
CHANGE ORDERS
It is natural for a job to require one or more change orders to accommodate the needs of the owner, take into account unforeseen circumstances, and/or address the availability of certain materials. Changes to the original agreement are not always in writing because of time constraints and pressures to finish the job. In the end, this creates significant difficulties in trying to evaluate the rights and duties of the parties when one party breaches the agreement.
INCOMPLETE TASKS
Your job might involve a list of items yet to be performed, which is sometimes called a “punch list.” The phrase gets its name from the historical process of punching a hole in the margin of the document, next to one of the items on the list. This indicated that the work was completed for that particular construction task. Two copies of the list were punched at the same time to provide an identical record for the architect and contractor.
SUBSTANDARD MATERIALS
The use of “cheaper” materials by a subcontractor can be just as detrimental to the job as negligently performed work. Either way, costs are added to the job and claims get made.
MECHANIC’S LIENS
Contractors, subcontractors, and suppliers now have more time to perfect their lien against real property when they are not paid in full. This is not to say that every lien (or threatened lien) is legitimate. In fact, the taking of an improper lien can expose the lien holder to a claim for trade disparagement and a claim for abuse of process. A lawyer can explain the pitfalls that both partiesto a contract can face when a lien is entered.
WAIVING LIENS
The law has changed in a manner that makes it significantly harder to waive liens that third parties can make.
BUSINESS LITIGATION
Our fees are reasonable. We also handle property and real estate disputes, in addition to the construction law matters, claims by and against contractors, and mechanic’s liens.
