The downturn in the local economy has had a significant negative impact on the construction industry. Over the last several years, many small to medium size companies have gone out of business, and several large construction companies have either merged or significantly reduced their work force. This unusual phenomenon has resulted in an up surge of construction disputes, which can take many different forms.
We have seen a dramatic increase in the number of bid protests filed, particularly on public works project. There has also been a significant increase in the use of bonded stop notices, payment bond claims, and mechanic’s liens. When you couple that with your normal construction contract disputes between an owner and a general contractor, one can readily see that the construction law field is rife with activity.
At Shapiro, Galvin, Shapiro & Moran, we understand how construction companies work, both general contractors as well as specialty contractors and suppliers. We routinely get involved in construction disputes, including filing mechanic’s liens, preparing and serving bonded stop notices, perfecting bid protests, etc. All of these areas lead to potential litigation.
We primarily represent general contractors, subcontractors and suppliers. We have experienced litigators who know the ins and outs of the construction field, as well as the very time specific construction laws that govern these types of disputes. The attorneys at Shapiro, Galvin, Shapiro & Moran have over 70 years of combined experience dealing with construction related matters.
In addition, at Shapiro, Galvin, Shapiro & Moran, we focus on preventive lawyering. In the construction and real estate field, this takes the form of proactively working with our clients to make sure that their contracts, invoices, credit applications and related business documents are all up to date, and tailored to meet their business’ needs. We regularly review construction contracts and provide comments and suggested revisions. Our clients know to bring those contracts to us before they execute them so that, at the very least, the pitfalls of the contract documents can be explained to them before they decide whether to sign.
For many years, the offices of Shapiro, Galvin, Shapiro & Moran have administered a Group Legal Plan for the North Coast Builders Exchange. The North Coast Builders Exchange is the largest Builders Exchange in the State of California and the second or third largest in the Country, having over 1,400 member firms. The North Coast Builders Exchange is a powerful trade association in the counties of Sonoma, Lake and Mendocino. Mr. Galvin of our firm currently serves on the Board of Directors of the North Coast Builders Exchange and is the Chairman of their Government Affairs Committee. He has served on and off the North Coast Builders Exchange Board of Directors for the last 20 years. In addition to serving on the Board of Directors, Mr. Galvin routinely provides seminars at no cost to the North Coast Builders Exchange for its members in the areas of mechanic’s liens, construction contracts and small claims disputes. Mr. Galvin is a recognized expert in the construction law field. Along with Adrienne Moran’s litigation and employment law experience, the firm provides full legal services to the construction industry.
Competition for construction jobs is fierce at the moment. Companies are prepared to bid and enter into contracts with little or no profit margin in hopes of keeping their crews busy and their companies open. This often results in the presentation of construction contracts with onerous provisions in them. If a contractor wants the job, they may be forced to sign a contract that is not to their advantage, and quite specifically to their disadvantage. Nevertheless, these contracts are routinely signed.
Our role at Shapiro, Galvin, Shapiro, & Moran is to, at the very least point out the potential ramifications of those construction contracts and provisions, so that our clients go into a construction project with their eyes wide open. To the greatest extent possible, we attempt to negotiate out unfavorable provisions so that the contract document is more user friendly to both sides.
In addition to preventative work in the area of contracts and contract review, we routinely advise our construction clients with regards to employment related issues, including but not limited to wage and hour requirements, anti-discrimination laws, accommodation for disabilities, and personnel training and education. We provide a full range of legal services to our construction clients in hopes of keeping them out of disputes and out of the court system. However, if necessary, we are prepared to take matters all the way to trial in order to protect our clients’ rights.
Our proactive style at Shapiro, Galvin, Shapiro & Moran often results in quick resolutions of disputes that would otherwise cause our clients many months of down time and tens of thousands of dollars in legal fees and lost productivity. We keep our clients constantly advised of the status of their matter and the options available to them for early resolution. We are big proponents of the use of mediation and early dispute resolution options in order to minimize our clients’ time and expense.
In conjunction with our construction law practice, Shapiro, Galvin, Shapiro & Moran routinely get involved in real estate and related matters. As in the construction field, we regularly review purchase agreements, leases, lease options, rental agreements and related real estate documents. We regularly are involved in the negotiations that lead up to the execution of leases and purchase agreements, as well as negotiating easements and property rights. We again practice preventative lawyering in these areas to review these documents in advance of their execution so as to keep our clients out of unnecessary litigation. We work closely with accountants, title officers and others to insure that real estate transactions are properly handled, and that all aspects of their ramifications are explored, including tax and title issues.
The law firm also gets involved in title and boundary disputes, as well as in the preparation and enforcement of easement rights.
Real estate law can be a complex area that requires specific expertise. At Shapiro, Galvin, Shapiro & Moran, we can provide that expertise for our clients. And, in the event litigation becomes necessary, our experienced litigators will go to bat for our clients in all forums necessary.
Shapiro, Galvin, Shapiro & Moran can assist you in many ways with regards to any legal needs you have involving real estate or construction. We look forward to being of service to you.
Posted in