Construction goes wrong.
A real construction lawyer keeps the project — and your payment — moving.

What construction law actually covers

Construction law is one of the most contract-heavy practices in the legal world. Every project involves layered agreements between owners, general contractors, subcontractors, sub-subs, designers, suppliers, sureties, and lenders — all governed by federal, state, and municipal rules that vary block by block. The body of law covers everything from how a project gets bid through final payment, with disputes taking many forms along the way.

The major categories of construction work that lawyers handle:

• Contract drafting and negotiation — AIA, ConsensusDocs, EJCDC, DBIA, and custom forms. Indemnification, insurance, flow-down, retention, change orders, dispute resolution, schedule, and termination clauses.
• Mechanics liens, bond claims, and prompt payment — fast-moving statutory claims that secure payment for work performed.
• Construction defects — water intrusion, structural failures, life-safety issues, soils and foundations, mold, building envelope, and HVAC failures.
• Delay and disruption claims — schedule analysis, force majeure, differing site conditions, owner-caused delay, concurrent delay, acceleration claims, and Eichleay overhead claims.
• Change orders and scope disputes — directed changes, constructive changes, cardinal changes, and pricing disputes.
• Payment and lien priority — including pay-if-paid versus pay-when-paid clauses, retainage, and lender priority issues.
• OSHA, MSHA, and safety — citation defense, fatality investigations, criminal exposure for officers, and workers compensation interaction.
• Bid protests and procurement — federal (GAO and Court of Federal Claims), state, and local protests.
• Surety and bond claims — performance bond defaults, payment bond claims, and indemnity demands against principals.
• Insurance coverage — Builders Risk, CGL, Wrap-up policies, professional liability for designers, subcontractor additional insured disputes.
• Licensing — contractor licensing investigations, license revocation defense, and state board complaints.

Mechanics liens — the most powerful payment tool you have

Mechanics liens give unpaid contractors, subcontractors, and suppliers a security interest in the property they improved. If the lien is properly perfected and not paid, it can be foreclosed on the same way a mortgage is — forcing a sale of the property to satisfy the debt. Lien rights exist in every state, but the procedures vary dramatically.

The typical sequence:

1. Preliminary notice — many states require subcontractors and suppliers to give notice of their participation in the project, often within 20 days of first work or delivery, to preserve lien rights.
2. Notice of intent to lien — some states require a separate warning notice before a lien can be filed.
3. Recording the lien — typical deadlines are between 30 and 120 days after the last day of work or delivery, depending on the state.
4. Service of the lien — most states require the lien claimant to serve the lien on the owner and the contractor of record.
5. Foreclosure suit — to enforce the lien, you must file a lawsuit within a statutory period — often 1 year from recording, sometimes shorter.

Miss any of these deadlines and your lien rights are gone. Public projects do not allow liens against public property — instead, you have rights against payment bonds (Miller Act federally, "little Miller Act" state-by-state).

Construction defects — how the cases actually work

Construction defect cases are intricate. They typically involve owners, general contractors, subcontractors, designers, suppliers, and insurance carriers — all with different interests. The core issues:

• What is the defect? Building science, code analysis, and forensic investigation drive the case. Expert reports come from architects, engineers, building envelope specialists, and forensic professionals.
• What caused it? Design defect (designer's responsibility), workmanship defect (contractor's responsibility), product defect (manufacturer's responsibility), or some combination.
• What is the cost to repair? Repair estimates from licensed contractors, often supported by destructive testing and tear-out cost analysis.
• What are the damages? Repair cost plus loss of use, diminution in value, additional living expenses, business interruption, and consequential damages where allowed by contract.
• Who pays? Insurance coverage analysis is often the most complicated part of the case — Builders Risk, CGL, Pollution, professional liability, and additional insured endorsements all come into play.

Statutes of repose and limitations — the deadlines that end cases

Construction defect claims have two clocks running:

• Statute of limitations — typically 2 to 4 years from discovery of the defect, depending on the state and type of claim.
• Statute of repose — an absolute deadline measured from substantial completion, typically 6 to 15 years depending on the state, regardless of when the defect was discovered. After the repose period expires, no claim can be brought even if the defect was hidden.

If you suspect a defect, do not wait. Both clocks run silently and missing either ends your claim. Some states require pre-suit notice, opportunity to repair, and mediation before a defect lawsuit can be filed — those procedures take additional time.

Delay claims and schedule disputes

Schedule disputes are won and lost on documentation. The contractor that kept clean daily reports, time-impact analyses, and contemporaneous correspondence wins. The contractor that did not, loses.

The major delay claim categories:

• Excusable, non-compensable delay — weather, force majeure, or owner-directed suspensions where the contract gives time but not money. Contractor gets a schedule extension only.
• Excusable, compensable delay — owner-caused delay (late drawings, unavailable site, late owner-furnished equipment, differing site conditions). Contractor gets time and money.
• Inexcusable delay — contractor's own delay. Owner may impose liquidated damages or termination for default.
• Concurrent delay — multiple causes happening at once. Whether the contractor recovers money depends on the jurisdiction and the specific contract language.
• Acceleration claims — when the owner demands the contractor speed up to overcome a delay, additional labor and overtime costs may be recoverable.
• Eichleay home office overhead — a federal-law formula for unabsorbed home office overhead during owner-caused suspension.

Bid protests — federal, state, and local

Public construction is bid through procurement processes, and unsuccessful bidders sometimes have grounds to challenge the award. Federal protests go to the Government Accountability Office (GAO) or the Court of Federal Claims, with strict short deadlines (often 10 days to protest, 5 days for debriefing-related issues). State and local protests have their own procedures. The key elements: standing, timeliness, and a basis to argue that the award was not made in accordance with law.

OSHA citations and safety incidents

Construction is one of the most-cited industries in OSHA enforcement. After a serious injury, fatality, or inspection citation, you have 15 working days to file a formal contest. Failure to contest converts the citation to a final order with the cited penalty. Contesting opens the case to discovery and a hearing before an administrative law judge. Multi-employer worksite issues — where multiple contractors share liability for the same hazard — make construction OSHA work especially specialized.

After a fatality, criminal exposure can attach for officers and supervisors under federal and state worker safety statutes. State environmental and labor agencies often join OSHA in investigations.

Choosing the right construction lawyer

"Construction lawyer" covers a wide range. Make sure your counsel matches the situation:

• Transactional construction — drafts and negotiates contracts. Right for new projects.
• Construction litigation and arbitration — handles disputes, including expert-heavy defect cases and complex delay claims.
• Surety and bonds — specialized practice for sureties, principals, and obligees.
• Public contracts — federal contracting under the FAR and DFARS, bid protests, claims under the Contract Disputes Act.
• OSHA defense — citation contests, fatality investigations, multi-employer issues.
• Construction insurance — coverage opinions, declaratory judgment actions against carriers.

Most established construction practices cover several of these. For a single dispute on a single project, hire someone whose practice area matches your specific issue.

What does a construction attorney actually cost?

Construction lawyers are usually hourly. Smaller, defined-scope work (lien filings, contract reviews) is sometimes fixed-fee. Plaintiff-side defect cases against builders are sometimes contingency, especially for HOAs and condominium associations. The biggest cost in any construction dispute is experts — schedulers, building scientists, cost estimators, and forensic engineers. Plan for experts to cost roughly the same as legal fees on any defect or delay case.

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