ContractsCounsel Logo
Home Blog Construction Lawyer: 9 Examples Of When They Can Help

Jump to Section

ContractsCounsel has assisted 47 clients with construction contracts and maintains a network of 36 construction lawyers available daily.

What Is a Construction Lawyer?

A construction lawyer is an attorney who works on building projects and advises clients on various aspects of construction law. Construction law covers the body of rules and regulations that govern the design, planning, and construction of buildings and other structures. Overall, a construction lawyer is someone you'll want to turn to for any issues that may arise during your construction project.

Since construction lawyers have specialized knowledge about construction contracts , they can advise about delays, defects, payment issues, and variations. A construction lawyer can help individuals at every level of the contracting chain. These individuals include the following:

  • Principals, such as developers, occupiers, or property owners
  • Head contractors
  • Subcontractors
  • Construction managers
  • Project managers
  • Trade contractors
  • Suppliers
  • Consultants

Who Needs a Construction Lawyer?

You should consult with a construction lawyer when you work on a building project. A construction lawyer can handle various legal needs by working with you on government contracts, employment law, and construction defects, among other examples. Additionally, a construction lawyer can help create contracts that ensure you follow regulatory guidelines and represent you in negotiations. A construction lawyer can represent you in court if necessary.

Examples of occasions when you should work with a construction lawyer include the following:

  • You are beginning a new project, and you need to be sure you follow building regulations on the local and federal levels.
  • You need to file a lawsuit.
  • Someone has filed a lawsuit against you.
  • You require a new permit.
  • You must get government permission before proceeding with work.
  • You need to hold a town hearing.
  • You are having a dispute with an employee or employer.
  • You are concerned about environmental regulations.
  • You need to create a legal document such as a contract.

All in all, you can benefit from consulting with a construction lawyer if you are involved with any step of a private, public, or federal construction project. Not only can construction lawyers protect you from legal conflict and represent you if needed, but they can also help keep you on track with timelines and budgets while making sure you follow imposed building codes.

Construction Law on the Local, State, and Federal Levels

Construction law has implications on the local, state, and federal levels. Construction lawyers may work in all areas of construction law or specialize in one or two areas.

At the federal level, construction lawyers may deal with worksite requirements and hiring practices, including employment laws and workplace safety laws. State construction law covers regulations for employment, safety, and the environment. Local or county laws may include noise restrictions and zoning ordinances.


Get Free Bids to Compare

Leverage our network of lawyers, request free bids, and find the right lawyer for the job.

Get Bids Now

What Does a Construction Lawyer Do?

A construction lawyer can specialize in various areas of construction law.

Drafting and Negotiating Contracts

A company or business owner enters into a binding contract when retaining contracting services. A construction lawyer will create a contract that:

  • Is legally valid
  • Accounts for proper notice requirements
  • Includes reasonable expectations
  • Accounts for site conditions
  • Details insurance requirements
  • Builds in scheduling delays and other unforeseen circumstances

If a business already has a contract in place, a construction lawyer can also create revisions to the contract.

Protecting Payments

Payment disputes are a common issue that arises with construction projects. A construction lawyer can ensure the contractor gets the full payment promised and the terms of the contract cover all costs incurred, such as labor, equipment, and materials.

An attorney may take civil action to recover unpaid sums. The attorney can also file mechanics liens and claims against a payment bond to cover private and public projects. On the other hand, a construction lawyer can also defend individuals who have had a claim for payment brought against them.

A construction lawyer familiar with construction finance can represent lenders or borrowers by assisting with loan documents or negotiating escrows. A construction lawyer can also advise contractors or property owners entering into a lender agreement.

Dealing With Liens

A lien is a claim against an asset. Liens are usually used as collateral to satisfy a debt, and they often come up in construction. ( Here is an article about liens.)

A construction lawyer can represent a contractor, subcontractor, or property owner to file, respond to claim disputes, or discharge claims of lien. Additionally, a construction lawyer can help a claimant through all aspects of the process, including developing, serving, and filing claims while preparing the correct documentation.

Once a claim is clear, a construction lawyer can assist with litigation to resolve the cause of a dispute. A construction lawyer may also attempt to obtain recoveries if two parties can't settle a dispute.

Assisting With Proposals

A construction lawyer can help with requests for construction proposals, including the following:

  • Bidding for proposals
  • Contract interpretation
  • IFB, or invitation for bid, which you can learn about in this article covering invitations for bid

In unawarded proposal cases, a construction lawyer can also assist with protesting or challenging the decision.

Submitting Claims

A construction lawyer can submit claims for added compensation or time. The attorney can also submit claims for unforeseen circumstances, including the following:

  • Defects in design
  • Delays
  • Disruptions
  • Unanticipated site conditions
  • Other interferences with work

A construction lawyer will ensure any claims fulfill legal requirements and contractual obligations.

Terminating Contracts

A construction lawyer can defend claimants in case of wrongful termination or prevent wrongful termination from happening in the first place. If a contract needs termination, a construction lawyer can determine justifiable termination while ensuring that all parties follow proper procedures to ensure termination is successful. A construction lawyer can also represent the parties in subsequent arbitration or litigation.

Administrating Projects

Some construction lawyers provide on-site training to help contractors or businesses to avoid legal issues. Firms may consult a construction lawyer before making decisions that can have legal consequences. If problems arise while the project is in progress, a construction lawyer can help resolve the issue before it turns into a legal case.

Representing Design-Build Participants

Design-build projects are increasingly popular among project owners, and a construction lawyer can represent participants on a variety of projects. In addition to negotiating and drafting design-build contracts, a construction lawyer can help resolve disputes and deal with any challenges during the project.

Assisting With Public and Government Contracting

A construction lawyer can offer invaluable support for various aspects of public and government projects, including the following:

  • Offering representation for supply contracts
  • Helping with contract negotiations
  • Ensuring regulatory compliance
  • Assisting with litigation
  • Advising parties about a construction agreement on defects, delays, or variations

Obtaining Licensing

Requirements for licensing may change over time, and a construction lawyer can provide necessary assistance in navigating licensing laws. A construction lawyer can help fulfill application requirements and offer representation before review boards. A construction lawyer can also address complaints if problems arise.

Closing Out Projects

Developers often require assistance with different aspects of project closeout. These items may include the following:

  • Closing relationships with owners
  • Ending subcontractor contracts
  • Obtaining final payments

To bring a project to a successful conclusion, a construction lawyer can work with all of the following parties:

  • Designers
  • Lenders
  • Representatives
  • Suppliers

A construction lawyer is a crucial part of any building project, helping with your construction project from start to finish. Working with an experienced lawyer when you need to create a contract for your construction project will help ensure that you meet all local, state, and federal requirements while keeping your project on track for success.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a Construction Contract?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,322 reviews

Meet some of our Lawyers

Jason P. on ContractsCounsel
View Jason
5.0 (5)
Member Since:
December 1, 2022

Jason P.

Business Lawyer
Free Consultation
Portland, OR
8 Yrs Experience
Licensed in OR, WA
Lewis & Clark Law School

Jason is a self-starting, go-getting lawyer who takes a pragmatic approach to helping his clients. He co-founded Fortify Law because he was not satisfied with the traditional approach to providing legal services. He firmly believes that legal costs should be predictable, transparent and value-driven. Jason’s entrepreneurial mindset enables him to better understand his clients’ needs. His first taste of entrepreneurship came from an early age when he helped manage his family’s small free range cattle farm. Every morning, before school, he would deliver hay to a herd of 50 hungry cows. In addition, he was responsible for sweeping "the shop" at his parent's 40-employee HVAC business. Before becoming a lawyer, he clerked at the Lewis & Clark Small Business Legal Clinic where he handled a diverse range of legal issues including establishing new businesses, registering trademarks, and drafting contracts. He also spent time working with the in-house team at adidas® where, among other things, he reviewed and negotiated complex agreements and created training materials for employees. He also previously worked with Meriwether Group, a Portland-based business consulting firm focused on accelerating the growth of disruptive consumer brands and facilitating founder exits. These experiences have enabled Jason to not only understand the unique legal hurdles that can threaten a business, but also help position them for growth. Jason's practice focuses on Business and Intellectual Property Law, including: ​ -Reviewing and negotiating contracts -Resolving internal corporate disputes -Creating employment and HR policies -Registering and protecting intellectual property -Forming new businesses and subsidiaries -Facilitating Business mergers, acquisitions, and exit strategies -Conducting international business transactions ​​ In his free time, Jason is an adventure junkie and gear-head. He especially enjoys backpacking, kayaking, and snowboarding. He is also a technology enthusiast, craft beer connoisseur, and avid soccer player.

Jane C. on ContractsCounsel
View Jane
4.9 (86)
Member Since:
October 9, 2020

Jane C.

Attorney
Free Consultation
New York
19 Yrs Experience
Licensed in CT, DC, NY
Pace University School of Law

Skilled in the details of complex corporate transactions, I have 15 years experience working with entrepreneurs and businesses to plan and grow for the future. Clients trust me because of the practical guided advice I provide. No deal is too small or complex for me to handle.

Donya G. on ContractsCounsel
View Donya
4.9 (60)
Member Since:
July 11, 2020

Donya G.

Contract, M&A, E-Commerce Attorney; Contract Dispute and Dispute Resolution Specialists
Free Consultation
United States
24 Yrs Experience
Licensed in CT, NY
Pace University School of Law

I am a licensed and active NY and CT Contracts Attorney, with over 20 years of diverse legal and business experience. I specialize in reviewing, drafting and negotiating commercial agreements. My practice focuses on working with small business clients as well as clients from international brokerage firms on acquisitions, especially in the Ecommerce space; drafting, negotiating, reviewing and advising on business agreements; ; breach of contract issues, contract disputes and arbitration. I am licensed to practice in New York and Connecticut, and am a FINRA and NCDS Arbitrator. My experience includes serving as General Counsel to small businesses. This entails reviewing, updating and drafting contracts such as employments agreements, asset purchase agreements, master services agreements, operating agreements and a variety of business and commercial contracts. Additionally, I assist clients with business strategies, contract disputes and arbitration. My diverse experience allows me to give my clients a well-rounded approach to the issues they face. I have been at top AML law firms; a Vice President at an Investment Bank, a Civil Court Arbitrator presiding over cases in contract law, commercial law, a Hearing Officer, presiding over cases and rendering written decisions, and a Judicial Clerk to a Civil Court Judge. It would be a privilege to assist you and your business with my services.

Chia-Fen Y. on ContractsCounsel
View Chia-Fen
4.9 (3)
Member Since:
November 16, 2021

Chia-Fen Y.

Attorney
Free Consultation
Fullerton, CA
10 Yrs Experience
Licensed in CA
University of California, Davis

Attorney Yu represents clients in business and real estate transactions and has successfully handled more than 200 cases. She has experience in corporate law, including forming legal entities, employment law and workers’ compensation law matters pertaining to wage and hour violations, industrial injuries, misclassifications, and other employment-related torts and contracts. Attorney Yu works with employers to address employee relationship issues, develop effective policies and craft employment agreements. Attorney Yu regularly advises clients on the legal and business aspects of potential investments, ongoing business operations, debt collections, shareholders and partners disputes, business purchase agreements, risk assessment, intellectual property disputes, and potential contract disputes. She regularly handles real estate law matters such as landlord-tenant disputes, lease agreements, buy-sell disputes, title disputes, and construction disputes. She also has substantial experience settling debts, and she drafts, reviews and negotiates settlement agreements. Attorney Yu conducts extensive legal research and provides on-point legal advice to both corporate and individual clients.

Jeff C. on ContractsCounsel
View Jeff
Member Since:
November 16, 2021

Jeff C.

Attorney
Free Consultation
Denver, Colorado
38 Yrs Experience
Licensed in CO
Creighton University

Jeff Colerick has been practicing law for over 30 years and has devoted his professional career to providing clients with intelligent representation and personal care. His experience as a lawyer involving complex matters has resulted in a long history of success. Jeff has built a practice based on a deep understanding of real estate assets and corporate activities. He combines his industry knowledge with a practical and collaborative approach to problem solving. Jeff’s client relationships are strong because they are built on mutual respect. Jeff talks the language of real estate and understands that it is a vehicle to deliver your business strategy. Jeff provides practical, responsive, and strategic advice related to real estate acquisition, construction, leasing, and sale of a wide range of real property types, including office, retail, medical, industrial, industrial flex-space, mixed-use condominium, multifamily and hospitality. As leader of the Goodspeed Merrill real estate practice group, Jeff represents clients with commercial and residential transactions, purchases and sales, land acquisition and development, real estate investment and financing, financing liens and security interests, and commercial leasing and lease maintenance, including lease enforcement support and advice. The firm represents clients in matters concerning construction, lending, developers, contractors and subcontractors, cell site leasing, property and boundary disputes, common interest community law, and residential condominiums and planned communities.

Harrison K. on ContractsCounsel
View Harrison
Member Since:
November 17, 2021

Harrison K.

Attorney and Executive
Free Consultation
Los Angeles
29 Yrs Experience
Licensed in CA, MD
California Western School of Law

Harrison Kordestani is an executive with over twenty-five years experience in entertainment and media, energy, technologies, and start-ups. Mr. Kordestani has also developed a specialized legal and strategic consulting practice representing select entertainment, oil and gas, mortgage lending, and technology start-up clientele. He is also deeply passionate about new technologies and has also actively worked in building companies in the video-on-demand, wearable tech, information of things, demand prediction and app-marketing spaces. As an attorney, Mr. Kordestani's focus has been on transactional drafting and negotiation and providing ongoing legal counsel, corporate compliance, and contract interpretation to numerous private individuals as well as companies in varied fields.

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a Construction Contract?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,322 reviews
CONTRACT LAWYERS BY TOP CITIES
See All Construction Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help with a Construction Contract?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,322 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city