Those who are involved in a conflict over a construction contract, can talk with Charlottesville Construction Litigation Attorneys at MartinWren, P.C. for advice on how to proceed next. We strongly advise seeking legal guidance regarding a construction dispute, as these issues can get tricky and tense very quickly. Our team can offer representation, advice, and insight into what the seven phases of construction litigation often entail.
The construction industry is important to small rural areas and highly populated cities. It can affect our personal land, private homes, and also our neighborhoods and communities. This industry can offer both a positive and negative impact to our personal lives and on into our communities and society. And when the effects are negative, legal issues spring forth.
Obtain Skilled Representation
Construction law requires not only a specific, focused knowledge base, but it also involves a unique combination of many different general bodies of law. A law firm that provides strong representation in construction law will possess experienced attorneys who are skilled in a variety of general legal practices.
For example, legal issues in the construction industry often implicate residential and commercial real estate law, business formation, corporate law, labor and employment law, insurance law, administrative and regulatory law, contract law, tax law, and dispute resolution. By having Construction Litigation Attorneys in Charlottesville who regularly deal in these various facets of the law, MartinWren, P.C. ensures you can receive a comprehensive depth of knowledge and representation.
MartinWren, P.C. is an AV-rated Virginia law firm dedicated to displaying excellence in all areas of legal representation. Located in beautiful Charlottesville, Virginia, we desire to build and foster client relationships that will last a lifetime. It is this desire that motivates our attorneys to listen intently to your needs and concerns, pay careful attention to the details of your case, and provide expert legal guidance to further your best interests.
The 7 Steps of Construction Litigation
It is important to us that clients feel empowered knowing what happens next. Here, we have summarized what each step in construction litigation may be like:
#1 Case Investigations
The intention of phase one, case investigations, is to decide whether there is sufficient proof for a lawsuit. During the investigation process, VA Construction Litigation Attorneys can help identify and obtain statements from witnesses, gather important documents, and analyze what has transpired up until this point.
Depending on the nature of the lawsuit, a lawyer may draft several pleadings for their client’s behalf. For a plaintiff, a lawyer may write a complaint or summons to initiate the lawsuit. For a defendant, a lawyer may create a defense strategy and an appropriate response based on the allegations.
Discovery is when information relevant to the dispute and allegations are exchanged. Charlottesville, VA Construction Litigation Attorneys at MartinWren, P.C. may take this information from the other side and scrutinize it for potential issues, in addition to using it to build a strong case. In order to receive such information, requests must be made for depositions, admissions, and interrogatories.
A significant number of construction litigation cases are handled outside of the court system. But, there are instances where both parties are not able to reach a middle ground, and thus trial must begin. During the pre-trial step of litigation, a lawyer can retain expert witnesses and create a strategy for court based on evidence gathered from the discovery phase.
During the construction litigation trial, a member of our legal team can identify what the weaknesses and strengths are for your case. We can gather witnesses for testimony, create influential arguments based on proof and facts, argue against or draft trial motions, and examine or cross-examine witnesses.
A settlement can be reached at any time within the construction litigation process. Both parties can negotiate and offer resolutions in attempt to achieve a settlement. During a settlement conference, agreements, releases, and brochures can be established.
If you are not pleased with the outcome of the lawsuit, Virginia Construction Litigation Attorneys in Charlottesville may suggest filing an appeal, but only if the result is likely to be favorable. A member of our legal team can create post-trial motions, identify what problems may arise during the appeal, and use various strategies in an effort to get the results you are looking for.
These seven phases of construction litigation are more complicated than what we have briefly described above. It is important that you obtain knowledgeable and experienced representation for such a legal matter. We highly encourage you to contact us for representation and strategy for your construction contract dispute.
Business Relationships and Resolution Tools
There are certain issues and concerns that arise in connection with the construction process and its wide-ranging business relationships. The specific construction industry issues, processes, terms, language, concepts and nuances must be understood by the legal professional who is handling your construction law representation. Construction claims can address multiple issues including construction defects, soil subsidence, mechanics’ liens, stop notices, indemnity and insurance claims, and contractor/subcontractor disputes.
Additionally, a lawyer’s personal knowledge of the industry and the issues facing general contractors, subcontractors, architects, engineers, construction managers, trades, suppliers, and others involved in the business is essential to effective legal representation. Our attorneys are also knowledgeable and experienced about the various alternative dispute resolution tools. It is our intent to fully protect and promote your best interests, and we will strive to maintain good business relationships with all parties to do so.
However, if conflicts remain and a resolution cannot be achieved through negotiation, the Charlottesville Construction Litigation Attorneys at MartinWren, P.C. are ready to vigorously represent your best interests inside the courtroom. If construction litigation ensues, you will find peace of mind that the construction litigation team at our firm is handling your case to hopefully avoid pointless, lengthy, and unnecessarily costly litigation.
Avoiding Construction Disputes
In order to avoid disputes or controversies, the attorneys at MartinWren, P.C. can guide you through all stages of the construction process, advising you through the contracting stage to project completion. Yet, if conflicts arise, our team can then counsel and represent you through claim resolution. We strive to provide efficient and attentive legal advice to achieve for you the best possible results.
Whether you are seeking to file or defend a mechanic’s lien or are faced with disputes concerning defects or delays, our construction lawyers will work hard to protect and promote your best interests. Contact John B. Simpson of MartinWren, P.C. at (434) 817-3100, and let our Construction Litigation Attorneys in Charlottesville, VA work for you.