There are aspects of the legal profession that focus on both commercial and construction business. Since the demand is high for these services, it’s only proper to guide the practices involved according to the law. In Australia, many law firms have construction and commercial property lawyers. Usually, experts in construction litigation understand the legal matters of commerce. In this article, you’ll learn how the activities of business and construction lawyers intertwine.
Understand What They Do
- Generally, construction lawyers represent entities that are interested in property and construction matters. In law, these entities could be corporations, construction workers, government, property investors, and sureties.
- These attorneys rely on regulatory policies, and environmental laws to engage with clients. Also, it’s impossible to discuss construction law without commercial experience. Consequently, construction and business lawyers work together.
- Commercial litigators are involved in business incorporation and registration. However, they are relevant to the processes and running of businesses. A commercial lawyer represents the entrepreneur’s interest from the inception of the business. Also, their inputs are useful in dissolving a company’s activity. In law school, construction lawyers learn how to resolve payment disputes.
- When they graduate, most commercial lawyers enter the property market to display their expertise. It’s normal to understand construction laws when commercial litigators are active in the real estate industry. Consequently, business and construction lawyers work together. They can resolve issues and handle transactions.
Common Issues That Arise From Construction and Commercial Activities
Property and building problems are everyday activities that litigators handle. Apart from offering legal representation in courts, these legal experts advise clients regularly. Here are some disputes that might arise from both construction and commercial practices:
- Legal disputes with the payment security laws
- Breach of statutory rights to contract, and payment of claims
- Loss, injuries, and damage from construction equipment or on personnel
- Theft of construction equipment
- Sabotage, and defective workmanship
- Liquidated damages and payment claims
- Breach of statutory warranties
- Unfair dismissal of workers in construction sites
- Disputes arising from building contracts and property titles
- Recovery of delayed claims and retention sums
- Issues from property sales and investment
Do Their Activities Intertwine?
Before any entity engages in commercial activities like construction, the lawyer has to draft a contract of choice. However, the client must provide factual details that involve every part of the transaction. It’s unlawful to provide inaccurate information in contract documents. As part of the legal service, commercial and construction lawyers revise contract documents.
They check for loopholes in the agreement document that can bring burdens of commercial litigation on their clients. After removing potential liabilities and points of contention, it will be safe for clients to sign the contract. Usually, construction and commercial lawyers manage infrastructure for clients. They can also act as trustees for investments in both commercial and residential buildings.
Construction and commercial activities have many meeting points. In both industries, lawyers can trigger legal action to protect their clients. When there’s a breach of contract, smart attorneys don’t use courtrooms as the first resort. Instead, they can threaten to sue the other party and enforce their clients’ right to justice.
Apart from providing contract advice to clients, both construction and commercial lawyers resolve disputes. While these disputes are not specific to the construction industry, they can handle issues with transactions and other legal claims.
Commercial property and construction attorneys can help by guiding clients. Typically, the two ways of assisting clients are by representing a client that wants to sue or advising and representing companies under threat of a lawsuit.