Construction Law

“Many of the problems arising during a construction project are the result of poor communication”

– Kate Mitchell

Kate can advise on all the aspects of the building process—from the design state and contract among the parties through to the punch list, certificate of occupancy and final payment.  Kate 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.

Construction

CLIENTS NEW TO CONSTRUCTION PROJECTS

For those clients who are new to a construction project, Kate can advise on all the practical aspects of the building process with particular emphasis on communication “early and often” among all participants. Whether Kate is representing an owner or contractor, a subcontractor or supplier, all are encouraged to communicate with the other parties in a team approach.

CONTRACTOR CLIENTS

For contractor clients, Kate drafts or reviews contracts between builders and their clients and subcontractors—always with a view to prevention of dispute by designing a clear agreement at the start.

owner clients

For owner clients, Kate brings a wealth of knowledge to the table, offering practical as well as legal advice whether assisting with the purchase of the real property for new construction or renovation, advising on zoning and other permitting issues, reading architectural plans and specifications, or drafting and reviewing contracts that work from the design stage to the final payment when the work is completed.

PROJECT 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 clients, 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.

Construction Law
Contracts between

  • Owners and architects;
  • Owners and design/build firms;
  • Owners and contractors;
  • Contractors and subcontractors; and
  • Contractors and suppliers.

Contract Types

  • Set price contracts;
  • Cost plus contracts; and
  • 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; and
  • Preventing and resolving claims and disputes.