Building with you

No matter the size, construction projects involve numerous parties — general contractors, subcontractors, suppliers, materialmen, owners, construction managers, developers, architects and engineers. When problems arise, projects and schedules can be in jeopardy. We’re focused on finding creative, efficient and effective resolutions to your problems so projects can be delivered on budget and on time.

We represent contractors, subs, suppliers, materialmen, owners, lenders, and design professionals in all aspects of construction law and construction litigation — commercial and residential projects, contract negotiation and formation, mechanics’ lien claims, bond claims, construction defect and design claims, delay claims, change order disputes, punch list disputes, warranty issues, bid and procurement disputes, licensing, LLR complaints and bankruptcy claims.

Construction law is a technical area — and if it’s not your lawyer’s primary practice, you may not be receiving the most effective representation. We understand construction. Let us help you today.

Contract Negotiation and Formation

An ounce of prevention is worth a pound of cure, and that is without question the case with construction contracts: negotiating on the front end and understanding your contract is the easiest way to avoid disputes. Having an experienced construction attorney review a contract before it is executed — explaining its terms and suggesting modifications more favorable to you — can be invaluable in both time and cost. If you routinely provide the contract, form contracts built for your company’s specific needs ensure its interests are protected. We’ve negotiated, drafted, and litigated all types of commercial and residential construction contracts and are here to help your project get started on the right foot.

Mechanics’ Lien Claims

The mechanics’ lien process can be one of the most effective legal tools a company has to enforce payment on its unpaid invoices — and one of the biggest headaches for the project owner. A mechanics’ lien puts an encumbrance on the project’s title and puts lenders and potential purchasers on notice that the claimant has an interest in the real property for unpaid labor, materials, and/or equipment supplied to the project. While a lien is clouding the title, lenders will usually not provide further financing or refinance out of a construction loan — so the owner needs to resolve the lien before the project completes, refinances or sells.

Are your accounts receivable getting old? Are you a project owner needing to bond a lien off to clear your property’s title? We understand both sides of the mechanics’ lien process and are here to help. You can even start a lien filing online →

Bond Claims

Working on a public project and told you cannot file a mechanics’ lien? No sweat. There is an equally powerful tool to protect your overdue invoices: a claim against the project’s payment bond. All public projects and some private projects have payment bonds which stand in place of the real property as collateral for payment. Like lien claims, bond claims have strict deadlines which must be followed — otherwise the rights are waived. Let us help you enforce your bond claim rights before it is too late.

Construction Defect and Design Claims

Mistakes inevitably happen, and when they happen on a construction project you need a firm that understands construction. We routinely work with top forensic construction experts to investigate complex defect and design claims and effectively defend or prosecute your case — defective plans and specifications, defective waterproofing, improper roof installations, improper soil compaction, structural failure, defective truss design, and improper means and methods.

Delay Claims

Construction and delays often go hand in hand — sometimes for reasons within a contractor’s control and sometimes not. A liquidated damages provision on a project that has missed substantial or final completion can be daunting or a saving grace, depending on which side of the fence you are on. We’ve been on both sides and are ready to defend or prosecute your delay claim.

Change Order Disputes

The owner completely changed the scope, and the contractor didn’t get the change order executed in accordance with the contract? Been there, litigated that — and depending on the parties’ course of dealing throughout the project, the contractor may have solid ground to stand on.

Punch List Disputes and Warranty Issues

Final payment held up because the owner calls a warranty item a punch list item? On your third punch list with no end in sight? The contractor got final payment and won’t show up for warranty work? There is a myriad of possible end-of-project issues — let us help you navigate them all.

Bid and Procurement Disputes

We understand the complicated system of bidding and procurement and can assist you at any stage. The low bidder being challenged? The second (or third) lowest bidder wanting to protest? We’ll help you devise a strategy to win the bids and help your company thrive.

Licensing & LLR Complaints

In South Carolina, proper licensing through the Department of Labor, Licensing and Regulation (LLR) can be essential to enforcing your legal and equitable rights. We make sure your company is positioned so it does not lose rights. And beyond civil remedies, the LLR allows owners to file complaints against a contractor’s license — after investigation, the LLR issues findings on code violations and recommendations. Because a contractor’s ability to work is tied to its license, that administrative pressure sometimes provides a greater incentive to remedy problems than litigation.

Bankruptcy Claims

If an upstream contractor files for bankruptcy protection, your company may need to act to protect unpaid contract balances or guard against future liability. We protect creditors’ rights in a wide variety of bankruptcy matters — enforcing lien rights after filing, proofs of claim, non-dischargeability, and defending preference actions.

The bottom line: no one wants to be involved in litigation, but sometimes it cannot be avoided. Whether it is foreclosing on a lien, enforcing a breach of contract, or prosecuting fraud, we’re experienced in every type of construction-related dispute from bid to closeout. We make your litigation our business, so you can focus on yours.