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Construction Law

Have a legal issue relating to the construction industry? Whether you are a developer, contractor, subcontractor or supplier––individual, sole proprietor, LLC, or corporation––we can represent you and address your needs. The attorneys at HSC have construction law expertise to prosecute or defend your case through the courts, in arbitration, or in mediation. Services include all phases of the construction process––contract drafting and review, mechanics liens and bond claims, as well as construction disputes of all kinds, including construction specific damages such as consequential and liquidated damages.

Construction Contracts

Contractual agreements are the foundation of almost every construction project. These agreements can have a significant effect on a project’s success or failure and should be specific to each project––not one-size-fits-all. Whether you need an agreement negotiated between parties or a contract drafted and reviewed, we can help.

Clear, concise, and thorough contracts are essential to any project because they protect both the owner and the contractor from both foreseeable and unforeseeable events. A strong contract can also provide a framework for conflict resolution in the event a dispute arises between the owner and contractor. The types of contracts we can assist with include the following:

  • Real estate purchase agreements
  • Lien waivers
  • Purchase orders
  • Credit applications
  • Development contracts
  • Subcontract agreements
  • General contract agreements
  • Promissory notes

Our services extend to helping you with oral contracts. Regardless of the form, the general principles of contract development apply.

Our construction lawyers in Raleigh, NC, have a detailed understanding of the key components and provisions of a contract that repeatedly proves invaluable to our clients.

Construction Disputes

Unforeseen circumstances may cause projects to go awry, resulting in construction disputes. When you are involved in a dispute and need to resolve costs that run over initial estimates, damage caused by improper workmanship, delays from poor scheduling, and complications created by mismanaged finances, the lawyers at HSC can help.

The construction industry is rife with disagreements. Culpable parties in construction disputes often try to avoid responsibility and shift the blame onto others. These scenarios call for action in the form of a settlement conference, arbitration, or trial.

Construction disputes can be harmful to both the construction firm and the client. They can bring about a loss of revenue and reputation, as well as causing stress and frustration. While litigation is always an option, it is not always the best solution.

In the event of a construction dispute, your best bet is to call in an expert to help settle the dispute. We work collaboratively with our clients to find common ground, navigate the legal process, and reach a fair resolution.

Construction Project Development

Turn to the experienced construction lawyers at HSC who represent commercial and residential clients in real estate acquisition and development, financing, and foreclosure. We can help resolve issues arising out of foreclosures, title work, land use and zoning, easements and other types of real estate litigation.

Clients face legal challenges in real estate, land use, and environmental matters, as well as general business and litigation issues. Our representation of purchasers, sellers, landlords, homeowners’ associations, architects, engineers, general contractors, subcontractors, material suppliers and rental equipment providers enables us to keep you informed and respond quickly to changes in the development industry.

We’ve established relationships with governmental organizations to assist with administrative and regulatory issues in real estate development. Clients can experience more profitable construction projects with fewer legal issues because of our multidisciplinary expertise.

Regardless of the size or complexity of your project, we understand the transactional aspects of development, as well as litigation and risk assessment that can assist developers with understanding and analyzing return on investment.

Mechanic's Liens & Payment Bonds

You can rely upon the attorneys at HSC to bring extensive experience in filing, negotiating, and litigating mechanic’s lien claims (claims filed against real property and/or funds), demanding payment from sureties for payment bonds, claims, and seeking remedies in the courts when parties to these claims fail to fulfill their legal obligations.

The North Carolina General Statutes set forth the basic standards for pursuing state lien and bond claims, and enforcement usually takes place in North Carolina’s district or superior courts. Federal bond claims are governed by federal statutes, referred to as “The Miller Act,” (established to protect companies working on federal government construction projects) and enforcement of these claims takes place in the federal district courts.

Legislative changes and court interpretations of these standards can be complex and difficult to understand and therefore, frequently afford our construction lawyers in Raleigh, NC, the opportunity to educate clients in best practices across the construction industry. The good news is that there are options that help you make sure contractors are paid for their work.

Licensing Board

Ensure you understand and comply with legal requirements set forth by federal, state and local agencies that develop complex rules and regulations to enable them to perform their delegated tasks. Our attorneys will challenge administrative rules and regulations created to protect the public interest, rather than to support private rights.

Within the administrative and regulatory areas of law, the construction lawyers at HSC can assist individuals and entities in understanding and complying with these legal requirements.

Under more limited circumstances, our practice includes helping clients challenge government actions. Our attorneys have experience with many different agencies, not limited to but including:

  • North Carolina Department of Environmental Quality,
  • North Carolina Department of Justice and
  • North Carolina Industrial Commission.

Our attorneys also have experience with licensing boards, such as:

  • North Carolina Licensing Board for General Contractors,
  • North Carolina State Board of Examiners of Plumbing, Heating and Fire Sprinkler Contractors,
  • North Carolina State Board of Examiners of Electrical Contractors,
  • North Carolina Department of Insurance, and county, city, and municipal planning departments.

Real Estate Development

Real estate developers may face a broad range of legal issues associated with developing new real estate projects. The attorneys at HSC can help you navigate them with greater ease. We are here to get you the best results possible without the costs, delays and distractions of unexpected problems.

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