Construction contracting is a risky business and our mission is dramatically to improve your odds of success.
Whether you are an owner, a developer, or a design professional, a solid, well-drafted contract is the foundation of a successful project. To an owner, a successful project means that the job is completed in a timely and workmanlike manner without cost overruns. To a builder or developer, a successful project means being paid for your work on schedule and managing costs in a way which assures that the profits anticipated in your bid are not eroded by unanticipated problems with subcontractors or others. To both owners and contractors, the avoidance of disputes must be the highest priority.
Contractors should be aware, but often are not, that unless a contract complies fully with the many specific requirements of state law, they may be barred from collecting the agreed price for their work regardless of whether the work has been satisfactorally completed and regardless of its value or cost.
No standard form contract can adequately anticipate the needs of every party especially since the parties to any contract tend to have competing interests. In order to set the stage for a successful project or a smoothly run and competitive contracting business, the contract should reflect the specific needs and interests of the individual or individual business. A good contract clearly informs each party what it must do and to what it is entitled. It also informs each party of its rights if the other party does not perform as promised. It anticipates the likely problems and resolves them clearly and in a way that strikes the parties as reflecting a proper allocation of risks and responsibilities.
While every job should be negotiated based on the terms of a sound standard contract tailored to fit the routine work of the contractor, every job presents different issues. If you have ever run into a business problem and said to yourself, 'I should have seen this coming', you know what we mean. It is far easier to anticipate and provide in writing for special circumstances on a job than it is to repair the damage done when those same circumstances result in delays in completion or collection. It is important to remember, therefore, that contracts are not mere forms. They are instead, written records of agreements between individuals which means that even good form contracts need to be reviewed and changed as necessary to fit the plan for a specific job. Often an hour's review can save weeks or even years of legal hassles later and can avoid the kind of misunderstandings that can erode the reputation of an individual or business.
Of course despite one's best efforts to avoid them, disputes do sometimes occur, and when that happens, a construction lawyer familiar with the industry and industry practices can help resolve those disputes in the most expeditious and cost-effective way possible. We are experienced in both negotiation and trial law and always strive to devise creative solutions to disputes in order to avoid litigation whenever possible.
In the rare cases where litigation becomes the only option, you need experienced construction lawyers who are willing to fight aggressively for your legal rights or those of your company. When called upon to do so, we work to protectr our clients' legal rights in the courts of all counties in Connecticut and, where appropriate, in federal court as well. Whether your damages are the result of a breach of contract, fraud, or misrepresentation, we analyze your claim and assess your options. In our construction practice we offer you the benefit of our years of experience in the construction industry and we approach your legal problems with an eye toward practical solutions rather than costly litigation whenever possible.
We invite you to contact us with questions about your own projects and we urge you to call upon us for a check-up of your documents. We will be pleased to arrange an initial conference at our offices or yours, or on the jobsite anywhere in Connecticut or Massachusetts.
If you expect to need legal services on an ongoing basis in order to maximize profitability, you may be able to realize very substantial savings by considering our no-risk prepayment options. Contact us to learn more. In limited situations, we also offer the opportunity for you to provide construction services in lieu of some or all of our fees for any of the services our firm provides. Feel free to inquire.