Construction Law

At McCarthy, Summers, Bobko, Wood, Sawyer & Perry, P.A, for years our firm has represented builders, realtors, developers, owners, general contractors, architects, engineers, subcontractors, construction managers, equipment suppliers and dealers as well as homeowners in matters concerning the construction industry.

Our legal services encompass various aspects of construction law, including, but not limited to:

  • Contracts & Agreements- preparation, negotiation and administration
  • Construction Liens
  • Construction Bonds & Insurance
  • Claims and Dispute Litigation

Contracts & Agreements

A number of specialized contracts and agreements are used in the construction industry including competitive bid documents, requests for proposal (RFPs), joint venture agreements, consulting agreements, purchase orders, prime contracts, subcontracts, and contract specification as well as others. Our attorneys draft, analyze, negotiate, and administrate these as well as other documents for our clients. 

Construction Liens

Construction Liens ensure the value of materials, labor, and services used in construction by registering a lien on the title of the property. Construction Lien Law establishes the procedure for enforcing payment to protect both those involved in providing construction materials, labor, and services as well as the land owner.

Some of the main procedural points outlined by Construction Lien Law include:

  • An owner is required to file, record, and post on the property, a "Notice of Commencement" prior to starting construction.
  • A sub-contractor, laborer or material supplier must give the owner a "Notice to Owner" either prior to or within 45 days after first providing labor, services, or materials to the property.
  • Any lien, in order to be valid, must be recorded in the public records where the property is located within 90 days after providing labor, services, or materials for the property.
  • A claim of lien can be filed if the lienor has complied with the requirements for filing a valid lien. A lienor who files a lien without complying with the statutory requirements may find that in addition to not getting paid, it may be required to pay the property owner any damages caused by the wrongful lien, as well as the owner's attorney's fees.
  • On the other hand, an owner who fails to pay a valid claim of lien may be responsible for the lienor's attorney's fees, court costs, and interest.
  • A claim of lien can be foreclosed, just like a mortgage. If no foreclosure suit is filed within one year from the date that the lien is filed, the lien expires and is of no effect. A property owner can shorten the one-year period by filing a Notice of Contest of Lien. The lienor must then file its foreclosure action within sixty days or the lien expires.

Obtaining legal advice from a real estate attorney is vital before taking action regarding construction liens.

Construction Bonds and Insurance

Our attorneys have experience in both payment and performance bonds and offer legal advice to owners regarding the use of these bonds as a precaution to becoming adverse effect of a construction lien. We also counsel regarding lien release bonds. Processing progress payments are another method used to monitor payment so that prime contractors are not paid until after potential lien claimants have been identified and paid.

Claims and Dispute Litigation

Our lawyers handle disputes that emerge from the public contract bid process, or as a result of defective work, delays, and site conditions.  We prepare claims for damages as well as for additional compensation. We file, prosecute, and defend bond and lien claims, and resolve disputes through negotiation, mediation, arbitration and litigation. Our firm represents clients in state and federal courts, in various government boards of contract appeals, and we provide legal assistance to small contractors before the Small Business Administration. We also have extensive appellate experience.

For more information related information to Construction Law, visit the Real Estate & Acquisitions and Development & Zoning section of our website.

For assistance in construction law matters, please contact our office to arrange for a consultation with one of our attorneys.