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Construction Law – Owner, Contractor and Design Consultant Contracting

If not structured appropriately, contracts in the construction industry can expose parties to significant risks and liability. Johnson Pope’s Construction Law Practice offers a team of business savvy practitioners focused protecting clients involved in a diverse range of construction-related transactions. Our attorneys counsel and advise owners, contractors, design consultants and other professionals operating throughout the construction industry. We use a client-centered approach, making certain that proper safeguards are in place when creating and negotiating these complex transactions.

Getting the Project Completed on Time

From the owner’s perspective, time is very expensive. Interest on loans add up every day, and property must be bought and sold according to demand. This means that owners are counting on the contractor to deliver quality work on time. When a contractor falls behind, the entire project can be put in peril.

At Johnson Pope, we understand the tremendous challenges involved in construction projects. Our attorneys not only negotiate detailed timelines into construction-related contracts, we may also include early-finish incentives and liquidated damages clauses when appropriate. These provisions can help to ensure that the contractor will secure sufficient resources and manpower when needed to get the job completed on time and avoid costly disputes over the calculation of delay damages.

Other Critical Considerations in Construction Contracts

Beyond timing issues, our attorneys also advise both property owners and contractors on matters involving construction liens. Under Florida’s Construction Lien Law, when a contractor or supplier is not paid for services or materials, they may claim a construction lien against the property that could impact turnover or closings. Because the lien process can be very complex and time-consuming, we work with our clients to prepare contracts that address payment and collection issues in the most efficient manner possible.

When negotiating architectural, engineering or other design professional agreements, we assist in negotiating intellectual property rights that can prove valuable in the future for expansions or duplications of the work.

The attorneys in our practice group are also very familiar with and regularly utilize AIA Contract Documents in connection with our clients’ construction and design projects. These documents are considered to be the “industry standard” and serve to define the unique relationships and responsibilities between the many different parties in the industry.

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