Construction Law... "The majority of problems occurring during a construction project are the result of poor communication"
Attorney Mitchell can advise on all the practical aspects of the building process—with particular emphasis on communication “early and often”
between all participants.
Attorney Mitchell brings her own construction background, including a Construction Supervisor License, to the area of construction law. This body of law surrounds all aspects of construction and renovation projects including contracts between the parties involved.
Clients New to Construction Projects
For those clients who are new to a construction project, Attorney Mitchell can advise on all the practical aspects of the building process—with particular emphasis on communication “early and often” between all participants. From permitting to architect/designer to contractor, subcontractors, and suppliers, all are encouraged to communicate with the owner in a new, popular team fashion called “partnering”.
Contractor Clients
For contractor clients Attorney Mitchell designs or reviews contracts between the builder and their clients and subcontractors—always with a view of prevention of dispute by designing a clear agreement at the start.
Problems Oversight
Kate has assumed the role of owner’s representative in a variety of high-end projects and encourages clients to “partner” with the other parties in a construction project. Partnering assumes the development of a cooperative management team that includes the owner, contractor, subs, design team and any other key players. Unfortunately, Kate often is consulted only after a project is in serious trouble. In that instance she reviews the details, discusses options with her client, makes recommendations and pursues resolution on their behalf. In most cases she will encourage resolution through negotiation, mediation or arbitration. The results of a successful construction project
should be a win-win for all parties.
Contracts between:
* owners and architects,
* owners and design/build firms,
* owners and contractors,
* contractors and subcontractors,
* contractors and suppliers;
Contract Types:
* set price contracts,
* cost plus contracts,
* not-to exceed contracts;
Contract Issues:
* design and engineering issues
* bidding, pricing, and estimating issues;
* substantial and final completion;
* delays,
* performance and payment claims;
* mechanics liens;
* payment and performance bonds;
* warranty claims; damages;
* punch lists;
* risk allocation;
* preventing and resolving claims and disputes.