Construction projects in Boston, Massachusetts and the surrounding areas have been on the rise. The Massachusetts construction industry is a multi-billion dollar industry, much of which is made up of Boston construction projects.
Common Construction Legal Issues in Boston
While most construction projects end with a completed structure, construction is also an industry where legal issues arise with some frequency. Common types of construction cases include disagreements regarding:
- Construction delays. Construction delays can be a serious problem, resulting in unsatisfied customers, loss of business and increased expenses. When construction on a condo is considerably delayed, for example, customers who have pre-purchased can seek legal redress. Owners may also be able to seek compensation in some cases.
- Breach of contract. Breach of contract can include a stalled or abandoned construction site, the inability of one contractor or provider to meet the terms of the agreement as well as other issues. Breach of contract disputes are one of the most common types of construction cases in Boston, throughout the Greater Boston Area and Massachusetts.
- Third party claims resulting from premises liability issues. Construction sites, by their nature, are dangerous. When a visitor or bystander is injured due to falling equipment, faulty equipment or other issues, that person may file a lawsuit or personal injury claim as a result.
- Nonpayment and lien issues. When contractors, vendors, suppliers or other parties do not get paid, legal disputes often arise. In construction projects, it can be especially contentious since contractors and builders may place a lien against the property until they are paid, sometimes leading to complicated disagreements about how much was paid and how much is owed.
- Material failure. When a property collapses, partially collapses or otherwise fails to meet basic standards of safety and structural integrity, it can be difficult to determine what went wrong. Engineers may blame contractors, who then may blame the blueprints, etc. Having a thorough knowledge of the technical issues at hand is imperative to finding out what really happened.
- Investment Properties and Financing Issues. Purchasing distressed properties to be renovated and sold can be profitable but oftentimes disputes arise. From the contractor’s prospective real estate investors usually buy properties and fund the renovations using short-term construction loans. The contractor is paid for its work as tasks and project milestones are completed. In some cases disputes can arise when the lender or property owner fail to release monies to the contractor as scheduled. Disagreements concerning the quality of work or a failure to pay for the work provided are common issues that can trigger construction project disputes in Boston and throughout Massachusetts. Understanding how real estate investors and short-term lenders view investment property renovations is critical for a contractor to avoid disputes in this context. Our firm is well versed in representing contractors at all stages of their work on investment property renovation projects – from preparing and reviewing the initial construction agreement, to managing communications with the lender and property owner as needed, and when necessary representing contractors when disputes do arise with the property owner or lender.
Preventing Construction Disputes in Boston and throughout Massachusetts
Preventing disputes in construction projects begins with a strong contract, clearly outlining each party’s responsibilities as well as potential remedies for any disputes. Calabrese Law Associates’ construction contract attorneys in Boston, Massachusetts can draft a construction agreement that protects your interests.
If a dispute does occur, working with an experienced attorney can help you resolve the issue via negotiation or through litigation if necessary. Our attorneys will seek to resolve the dispute as quickly as possible, protecting your interests and keeping the cost of delays in mind. The firm’s experienced construction attorneys understand the technical nature of construction claims and have consultants, engineers and other professionals on hand to provide legal support for clients, as necessary.
If you’re looking for a construction contract attorney in Boston, Massachusetts, contact Calabrese Law Associates for a free consultation. Our attorneys have worked with lenders, suppliers, contractors, owners, subcontractors, engineers, developers, architects and other parties involved in construction legal issues. We understand the unique needs of each party, the complexities and nuances of commercial construction disputes and claims, and the laws that govern home renovation contractors in Massachusetts.
Calabrese Law Associates has represented clients involved in construction disputes concerning single-family dwellings, commercial properties, industrial real estate, multifamily homes, condos and many other property types.
- Construction Equipment Rental Agreements
- In the construction industry equipment rentals are a key part of doing business. Renting construction equipment makes sense in a host of situations but especially when the job to be performed is unique – something the construction company may not be involved in again. For many contractors purchasing expense construction equipment for a single project is not a prudent business decision.
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- Subcontractor Agreements
- Massachusetts construction companies rely heavily on the use of subcontractors, and the addition of these workers to a construction project can significantly alter costs, liabilities and other issues. If you are in the construction business or work as a general contractor, a properly written subcontractor agreement can help you protect your company.
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