the rare person who is a construction expert and construction lawyer s

Who are the experts in construction?

Apr 03, 2017 · A construction lawyer also works preventatively by being actively involved throughout the construction process in order to avoid litigation, arbitration, and other legal conflicts. Most importantly, a construction lawyer has an intimate, expert understanding of both construction and construction law. A construction lawyer understands all stages, tasks, …

Why choose a lawyer with a focus on construction law?

Aug 26, 2021 · A construction expert has extensive knowledge and expertise of the construction industry. This includes all aspects of construction accidents and construction injury. Their testimony helps to inform the trier of fact on issues related to construction law such as building delays, codes and compliance, construction costs, and construction defects. In such cases, …

Who testifies on the standard of care in a construction case?

Construction law is the body of law, rules, and regulations that govern the planning, design, and construction of buildings and structures. Various issues relating to construction can arise under local, state, or federal laws. Lawyers can work in all areas of construction law or specialize in one or two. Workplace safety and employment laws ...

What are the biggest drivers of construction litigation?

Jul 29, 2016 · Greg is a shareholder with Horack, Talley, Pharr & Lowndes, P.A., in Charlotte and is licensed to practice law in North Carolina, South Carolina, and Florida. His principal areas of practice are construction law and complex business litigation. He is board certified by the Florida Bar as a specialist in the field of construction law and has been selected as one of North …

What do construction lawyers do?

What construction lawyers do. Construction law lawyers assist a wide variety of clients — anyone who touches the process of construction may need a construction attorney at some time or another. They represent large companies, individual workers, property owners, and sureties. There are a ton of different reasons these lawyers might be needed, ...

What is defective construction?

Claims of defective construction are one of the biggest drivers of construction litigation. Regardless of what side a party is on — whether they’re claiming a defect is present or defending against a claim of defective work — construction lawyers will help to provide clarity to the situation and might actually help to avoid litigation. They’ll be able to decipher the relevant laws and contractual duties in order to uncover who, if anyone, is at fault and who might be liable.

Is bankruptcy a construction law?

If you think construction law is unique, bankruptcy law takes things to a whole new level. There is a separate court system for bankruptcies, and not every lawyer has the experience necessary to navigate this process. A construction attorney may be able to help you through some of the procedures, but you may also want to hire a bankruptcy lawyer for this specific scenario.

Why is small claims court important?

Small claims court is unique. It’s specifically designed to be a faster, less expensive, and overall more efficient version of traditional litigation. Plus, it’s designed so that lawyers aren’t really needed in the same way they’re needed in regular litigation. However, the same rule applies as above.

Is it bad to represent yourself in court?

Even if you are entitled to, representing yourself in court is often a very bad idea. There’s a mountain of literature out there proving why. Lawyers are experts at their trade, and there’s a reason they get paid to do what they do.

Is it bad to fight a lawsuit without a lawyer?

Fighting a lawsuit without the help of a lawyer is a bad idea . Sure, a lawyer might get expensive — but losing the suit (and failing to minimize exposure) will cost a lot more. Not to mention, they might be able to identify cross-claims to work in your favor.

Can a customer file for bankruptcy?

Perhaps more problematic is when a customer or a property owner on a project files for bankruptcy, especially when you have outstanding invoices that you want to collect on . Bankruptcy courts have specific rules for creditors in a bankruptcy, which includes timing requirements for collection actions.

Who Is an Expert Witness?

An expert witness is a highly qualified professional with specialized technical knowledge in a particular field or sector, and the skills to provide an opinion, both written and oral. These expert views may be used as evidence in negotiations, dispute resolution processes, or proceedings before a court or tribunal.

When and Why Is an Expert Used?

The expert’s role is to assist the parties in negotiating a settlement or, if the matter is before a court or tribunal, to guide the decision-maker towards a reasonable determination.

Retaining an Expert Witness

The selection of an expert witness is generally carried out by the lawyer representing a litigant, who will identify a professional with the necessary expertise for the case in question and the ability to provide written and oral evidence if required.

What is the most contentious issue in construction litigation?

One of the more contentious issues associated with construction contract litigation is, of course, the price one must pay for a certain construction job. Monetary estimates become especially relevant during the bidding process for a big company and government contracts. As these projects are incredibly lucrative for the developer, contractor, manager, and all other workers employed on the project, the bidding process is extremely competitive.

What is a construction claim?

A legal claim arising from a construction project may involve contract law, torts, and property law. For example, the lawsuit could be based on a breach of contract involving a dispute about contract performance or cost of the work; a wrongful death claim arising from a construction site accident; or an appeal of a zoning board’s building permit denial. Such legal disputes call for scientific testimony from a construction expert to inform the case decision-makers.

Why are there delays in construction?

Delays in construction could cost the client substantial amounts of money , especially where delays prevent their new business or attraction from opening as planned. These delays might stem from any number of issues. For example, a delay could be caused by a third party unable to deliver building materials as promised, forces of nature such as hurricanes and snow, or a sub-contractor suddenly filing for bankruptcy.

How effective is expert witness testimony?

Expert witness testimony can be very effective in strengthening a legal argument, persuading the trier of fact, and ultimately attaining a winning disposition. When a legal dispute centers on assigning responsibility for an accident or mistake, a construction expert testifies on the standard of care.

What is an unfair trade practice?

An unfair trade practice is one that amounts to an abuse of power that is immoral, unethical, oppressive, or substantially injurious to the consumer.To prevail on such a claim, the plaintiff must prove the existence of: (1) an unfair or deceptive act or practice, or an unfair method of competition; (2) in or affecting commerce; (3) which is the proximate cause of the plaintiff’s injury.

What is destructive testing?

Destructive testing is especially useful in determining whether a building material is sufficiently secure, or assessing whether material is prone to corrosiveness or porousness . Yet, destructive testing is prone to error. A construction expert can provide valuable testimony explaining how destructive testing is affected by factors like strength, toughness, and hardness or how a particular material prone to corrosion or deterioration affects the structural integrity of a building. In complex lawsuits where liability is difficult to determine, experts provide critical testimony on complex engineering processes and methodologies.

Is construction dangerous?

Construction is an inherently dangerous industry. To complete the project on schedule, employees frequently work in all types of weather conditions. Injuries might result from falling from scaffolding, ladders, or rooftops, or the malfunction of workplace equipment.

Why do construction lawyers work?

To prevent litigation, construction lawyers also prepare contracts and negotiate the terms of engagement between the parties. They can also help with amending documents and customiz ing contracts to meet the particular needs of their clients. Since they understand the construction industry and all of its thorny issues, including underlying legal principles in different states, they’re an invaluable resource to developers and buyers who need help with contracts.

Why do construction lawyers need to be licensed?

Because requirements change from time to time, clients need help in navigating the licensing landscape and fulfilling of application requirements. Attorneys can also offer representation before licensing review boards. Where there are problems, they can step in and deal with the complaints.

What is construction law?

By Mehran Ebadolahi. Construction law is the body of law, rules, and regulations that govern the planning, design, and construction of buildings and structures. Various issues relating to construction can arise under local, state, or federal laws. Lawyers can work in all areas of construction law or specialize in one or two.

How to become a construction lawyer?

Step 1: Complete a bachelor’s law degree. The first step in your quest to become a lawyer in the United States, including practitioners of construction law, is first to get a bachelor’s degree from an American Bar Association-accredited university or college. The degree program takes a minimum of three years.

What are the laws that govern construction?

One of the prominent set of laws is the building codes, which set forth the requirements and standards for developers in every state. Building codes enhance safety by ensuring tradespeople install plumbing, electrical, ...

How much do construction lawyers make?

According to PayScale, the average salary for construction lawyers in the United States is $81,143. This figure translates into $35.75 per hour. Add commissions and bonuses in the range of $5,700 to $11,665, and you will see that a lawyer in this field earns a higher amount than the national average. After taxes, they take home $50,000 to $60,000 per year. Since construction lawyers work almost entirely in the real estate industry, their demand fluctuates with the performance of the real estate market.

Is construction law a good job?

Practicing construction law is a good way of becoming a well-rounded lawyer. You will have the chance to learn about various types of laws. Because of the flexibility that comes with this job, you can do different things.

Mike Panish is a unique and highly qualified expert in most fields of construction

His strong hands-on working approach to all of his construction projects during the past 35 years have field tested his abilities and honed his skills to make him truly the most qualified and experienced expert working in the field of construction related defects and injuries.

Mike Panish is a construction expert witness who has expertise in any phase of construction

Mike has a comprehensive knowledge of construction practices from the ground up. He is proficient in design aspects, engineering, architectural design, appropriate usage of materials, and is able to apply his personal experience and expertise on any phase of commercial and residential construction projects.

Mike gets great results for Plaintiff & Defense

Mike has been the retained expert witness for the plaintiff (homeowner) on many contractor fraud cases that have resulted in verdicts significantly in excess of the claimed amount, directly due to his testimony.

A Construction Expert who is knowledgeable and experienced

Mike's abilities and explanation of the facts makes the jury aware of all the pertinent information in easily understood terminology.

What happens to construction accidents?

Businesses must be prepared to deal with the aftermath. Workers get hurt, problems occur outside of the contract due to the other parties’ negligence, there can be construction defects that later cause someone damage, construction could cause a nuisance for which the law provides recovery, workers or equipment could trespass on a neighbor’s property, damages to property or injuries can occur due to negligence during the performance of work, and more. All of these types of claims, where a party suffers harm to personal, property or financial interests, can be governed by the laws of tort.

What is construction law?

Construction law refers to the legal branch that deals with the laws, regulations, and requirements in the construction industry. It includes elements of contract law, property law, commercial law, employment law, and many others. Construction law is essentially a library of rulebooks that govern how a construction project must be completed, ...

How long does it take to resolve a construction dispute?

In a 2020 report, Arcadis found that the average construction dispute was valued at $18.8 million in 2019 and took 17.6 months to resolve. Given the huge annual dollar value of construction claims, construction law work isn’t going anywhere soon.

What is a contract in construction?

Every project is governed by a contract, and the legal requirements that go along with it. Construction has contractual agreements up and down the payment chain , ranging from the general contract for the entire scope of work, to sub-contracts, and supplier agreements.

Is construction complex?

Construction is Complex: So Is the Law. Much of the legal landscape is not necessarily made up of statutes or laws themselves, but of court interpretations of the laws. Every time a case is tried in court, the judge will make a determination about what the laws mean. These decisions set a precedent for future cases.

What happens before construction on a property?

A property may need to be purchased, or managed in a different way prior to initiating a construction project. Disputes related to the previous owners, to the deed, zoning, or other issues may need to be taken care of prior to further construction.

What are some examples of employment law?

One example is that the compliant employment law policies and procedures must generally be in practice before (and irrespective of) any particular project. Other aspects of employment law in construction, such as prevailing wage issues or jobsite employment issues arise after a project has begun.

Why is it important to have a construction lawyer?

It’s critical for construction lawyers to help their clients carefully draft and review the contracts that they enter into .

What is construction law?

Construction law is the combination of all of the areas of law that apply to construction work. The process of building is complex. Builders have to follow a large number of rules and regulations. There are many things that they need to know and do before they ever pour the first bit of cement or clear the first tree.

Why is property law important in construction?

Property law is a critical area of construction law because it helps building companies purchase and manage properties with confidence. If there are disputes about the ownership of a property, liens or other questions, lawyers help their clients resolve them in order to prevent large problems later on. Zoning questions and nuisances are other areas ...

What is employment law?

Employment law is a critical part of construction law. Business owners depend on workers to do the bulk of their work. That means hiring, firing and management. Owners must know how to hire people legally and how to follow state and federal laws when it comes to paying employees fairly, withholding taxes and other considerations. They often turn to their lawyers for help complying with this complex area of law.

Is construction work dangerous?

Construction work can be dangerous. Employers and contractors have to make sure that they comply with Occupational Safety and Health Administration requirements. In addition to wanting to keep workers safe, OSHA violations can bringing significant penalties and interfere with work. Employers have to carefully follow OSHA requirements and keep up with changes to the rules.

What happens when you get hurt on the job?

Torts. In construction law, accidents happen. When people get hurt on the job, construction owners need to know how to address it. They may have to defend themselves from lawsuits, and they may have to resolve torts outside of court.

Do construction lawyers have to be skilled?

They must know how to file motions and make objections. Construction lawyers must be skilled litigators in order to advocate for their clients in a formal setting.

Who Is An Expert Witness?

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When and Why Is An Expert used?

Retaining An Expert Witness