The world of law is no place for someone who is not professionally trained to be a lawyer or attorney. Not only is is incredibly confusing and difficult to understand, the stakes involved are always high. More often than not, construction litigation will deal with sizable sums of money that businesses cannot afford to lose.
The United States is currently the second largest construction market in the world. This means that the United States construction market has a market share of nearly 10%. So all of this value means that construction litigation can get incredibly messy for all involved. Here are all of the facts on why it is important to have a construction lawyer or construction attorney to help with construction litigation and construction claims.
Construction Law Is Incredibly Complex
While some construction managers and project managers may be wise to a large portion of the laws surrounding construction litigation, it is nearly impossible to know all of the intricate details. For instance, new changes can happen over the progression of time which can change things quickly. Understand that the Family Law and Medical Leave Act gives employees the right to take up to 12 weeks of unpaid leave every year for family reasons.
Another confusing area deals with workers compensation claims. While the concept is not confusing, the numbers involved can be. Understand that just about 74% of all states require all business to have some form of workers compensation. This is put in place to help protect any worker that gets injured or hurt while on the job.
Just about 85% of worker’s compensation claims are attributed to employees slipping on slick floors. Some people may scoff at this as a minor injury but that is not necessarily the case. If 85% of all compensation claims are attributed to slips and falls then this means that a large number of employees are getting serious compensation money from a simple slip and fall situation.
For a breach of contract claim, the plaintiff must prove four things. They must prove that an enforceable contract was formed, they must prove the plaintiff’s performance of the contract, they have to prove the defendant’s breach, and then finally they must prove the damages of that breach.
Laws Are Different From State To State
The strongest reason why you need a lawyer on your side for construction litigation deals with how state laws can be different from one another. While there are federal laws that govern the entire United States, state laws deal with just the state specifically and are usually comprised of smaller laws. For instance, according to Nevada law, tenants have five days to pay overdue rent before a landlord will file for eviction.
Do not find yourself in a situation where you misunderstand a state-specific law. Nevada Prompt Payment Laws say that progress payments from owner to prime contractor are due 21 days after the property owner receives an invoice, unless an agreement says otherwise. Nevada law states that a landlord can charge up to three month’s rent for a security deposit. In Nevada, tenants can sue landlords in small claims court for the return of a security deposit, up to a dollar amount of $7,000.
In Conclusion
There is construction litigation that takes place across the country every single year. With the construction industry in the United States being so large, it means that plenty of people are looking to game the system. So be on your toes and get a talented construction attorney on your team to help you protect your construction business from any construction litigation.