How much a lawyer will cost, including a construction lawyer, will vary depending on many different factors. Usually, most construction lawyers charge between $200 and $500 or more per hour.
The cost of hiring a construction lawyer will vary depending on things such as:
- The experience level of the lawyer
- The location of the case
- How complex the case appears to be
- How long the case will likely take to resolve
- The fee arrangement the lawyer uses
- The specific legal issues involved in the case and how many issues the case involves
What Does a Construction Lawyer Do?
Construction lawyers are a type of attorney that helps their clients with legal issues that involve construction projects, such as safety, contracts, and environmental regulations. Construction lawyers also help their clients take legal action to resolve construction disputes when necessary.
Other legal issues that a construction attorney can assist clients with include:
Construction laws are laws that govern all aspects of building, including the initial bidding process, negotiation, and drafting of construction contracts. Construction laws are also used to resolve issues or disputes between parties to a construction contract.
Construction attorneys help clients with numerous different construction-related issues, including:
- Drafting and negotiating construction contracts
- Resolving construction-related disputes, including:
- Payment issues
- Quality of workmanship
- Contract breaches
- Ensuring compliance with local, state, and federal building regulations for all of the parties who are involved in the construction project
- Providing advice on health and safety issues, which may include training workers and implementing safety protocols
- Giving advice on insurance issues, such as coverage for:
- Workers’ compensation
- Equipment
- Public liability
- Environmental risks
- Providing advice on environmental regulations and how to ensure compliance
- Giving advice on property transaction issues, including:
- Buying
- Selling
- Subdividing
- Leasing
Construction attorneys can work with many different types of clients, including, but not limited to:
- Property owners
- Contractors
- Subcontractors
- Suppliers
- Developers
- Architects
- Engineers
- Landowners
One common type of claim that arises related to construction contracts is a breach of contract. This occurs when one of the parties does not fulfill their obligations under a construction contract.
Contractors may be liable for breach of contract if:
- A project is never started
- They miss deadlines
- They only partially complete the project
- They do not use the construction materials that were agreed to in the contract
There are four main categories of breach of contract that may occur, including:
- A minor breach: This arises when a party fails to perform one part of the contract but does not violate the entire contract.
- A material breach: This is a breach that is so substantial that it affects the entire contract.
- A fundamental breach: This is similar to a material breach but more egregious.
- An anticipatory breach: This arises when a party notifies another party that they cannot fulfill the terms of the contract.
A dispute can come up at any stage of a project. If a party believes there may be an issue, they should seek legal advice as soon as they can. Hiring a lawyer for building disputes can help resolve the issues in a timely and fair manner.
What Factors Influence the Cost of a Construction Lawyer?
As noted above, there are many different factors that can influence how much a construction lawyer may cost, including, but not limited to:
- The attorney’s experience, as more experienced lawyers often charge higher hourly rates
- The location of the lawyer or the law firm, as the fees are often higher in larger cities
- The complexity of the case and the number of issues involved
- The way the lawyer bills their clients
- How many parties are involved
- How much property or assets are involved in the case
- The type of construction project
- The specific legal services that are required
How Do Construction Lawyers Charge for Their Services?
For most issues, a construction attorney will charge their client using an hourly rate for their services. For some types of services, such as document drafting or contract review, the attorney may charge a flat fee.
If a retainer fee is necessary, it will function similarly to a deposit. The construction attorney will bill against the retainer until it is gone, at which time they will begin billing at their hourly rate.
It is important for potential clients to ask whether the retainer is refundable if the full amount is not needed.
Are There Affordable or Alternative Legal Options for Construction Cases?
Typically, pro bono or low income legal services will not be available for construction cases or disputes. There are, however, steps parties can take to try and reduce their costs, including:
- Consulting with more than one construction attorney: By having consultations with multiple lawyers, an individual can get an idea of the average cost and choose the lawyer who best fits their needs.
- Some lawyers will waive their consultation fee for the initial consultation, allowing an individual to meet with several lawyers at no cost.
- Ask each lawyer about their fee structure: This way, an individual can determine what services they will be able to obtain for the money they will pay.
- Consider the value of paying for expertise: Depending on the issues involved, it may not be necessary to pay a higher fee for expertise.
It is important to keep in mind, however, that for some issues, spending extra to hire a lawyer with more experience may be worth it. Another way parties may be able to save money and time is to participate in alternative dispute resolution (ADR) methods, including:
These processes can be used by the parties to resolve their issue or dispute outside of the courtroom. All parties can still have legal representation during these meetings, but it should cost less as there would likely be less preparation and time spent.
These proceedings help the parties involved reach a settlement of their issue or dispute without having to have a formal trial. These processes are, in general, less expensive, quicker, and less formal than traditional litigation.
A party can find out more information on ways to save on their construction lawyers’ fees and the methods they can use to resolve their dispute using LegalMatch.com’s lawyer matching services. In as little as 15 minutes, a party can submit their issue on the website and they will receive responses from licensed member lawyers that include their fee information and background.
When Should I Hire a Construction Lawyer?
There are many different times when a party should consider hiring a construction lawyer, including, but not limited to:
- Assistance with construction drafting and negotiation
- A lawyer can prepare, review, and negotiate construction contracts as well as provide advice on important provisions, including:
- payment terms
- warranties
- dispute resolution
- insurance requirements
- When payment disputes arise
- Construction projects can involve large amounts of money, causing disputes between owners, contractors, and subcontractors
- A lawyer can help parties understand their payment rights and obligations under the law as well as pursue or defend against claims
- When there is a construction defect issue
- A lawyer can assess the available legal options and remedies, such as:
- breach of contract
- negligence
- warranty
- Evaluate a party’s ability to ask for changes or delays and negotiate adjustments to the contract
- Resolving regulatory compliance issues
- A construction project is subject to many different laws and regulations, including:
- federal, state, and local laws, including:
- building codes
- environmental laws
- labor laws
Construction projects may result in specific types of disputes, including:
- Disputes over the quality or cost of materials used
- Labor or union disputes, for example, wage disputes or salary issues
- Errors involving construction plans or the execution of those plans
- Failing to complete the project on time
- Projects left unfinished mid-construction
- Disputes over the quality of the completed project
- Safety and hazard issues, including those involving Occupational Safety and Health Administration (OSHA) violations
- Improper disposal of waste materials
- Breach of construction contracts
What Questions Should You Ask a Construction Lawyer Before Hiring?
Before a party to a construction project or contract hires a construction lawyer, they should ask any questions they may have, which can include:
- How many years of experience they have practicing construction law
- The type of construction project issues they have handled the most, such as residential, industrial, or commercial
- Has the lawyer handled cases similar to the individual’s
- Are they familiar with relevant and applicable laws and regulations
- What is the fee structure they will use
- What services will their fees cover
- How they will communicate with the individual
- Will a retainer fee be required
- If so, will it be refundable
- Will there be additional costs, such as filing fees or expert witness fees
- How often will the individual receive updates on their case
- Who will be actually working on the case
- Do they currently represent any other parties involved in the contract or project
- Do they have any past client references
- Do they offer free initial consultations
- Have they been disciplined by their state bar association
Do I Need a Construction Lawyer for My Project?
No matter whether an individual has a simple concern or complicated question about any part of their construction project or contract, they can find a construction lawyer who can help using LegalMatch. It is important to have a lawyer help you as soon as possible, as it can prevent future disputes from arising as well.
Your construction lawyer can help you with your construction project contract, ensuring that it is drafted in such a way that disputes are much less likely to arise in the future. A lawyer can also help ensure that parties are in compliance with applicable laws to avoid issues with permits, fines, or disputes.
LegalMatch’s lawyer matching services can connect you with construction attorneys in your area who can help with your specific legal needs. With LegalMatch, it is simple to find a qualified attorney in your area, saving you the time and stress of trying to find a lawyer on your own.
