Constructing A Commercial Building – Some Legal Issues To Consider

Home / Constructing A Commercial Building – Some Legal Issues To Consider
Albany Commercial lawyer

Brandon Cullen

There are various different types of construction and construction projects including residential and commercial building construction. Some examples of commercial building construction include retail units, warehouses, school buildings, and office blocks – basically any construction that is not intended for residential usage. Neither of these construction types are easy to complete; however, it is commercial building construction that requires an awareness of legal components. This article will provide information on the legal considerations to make as well as indicating how you can make the project easier to manage by getting an Albany lawyer to draw up a contract.

Dependent on the type and size of construction one may require various skilled people to create a construction team. In order to manage a team, it is essential that clear roles, responsibilites and accountabilites are agreed and organisational charts are drafted; furthermore, contracts will be required to coordinate the interactions of all team members and external contractors. To draw up an effective construction project it is necessary to obtain legal advice and consultation. By employing a contract lawyer who has experience with construction law one can be certain that all legal areas will be reviewed and included in the contract.

Avoiding Conflicts Of Interest

Contrary to popular belief, construction lawyers and attorneys are not employed to deal with disputes exclusively. Many individuals feel that a construction attorney is only required when someone breaches the contract; however, this is a common misconception. In fact, hiring a construction lawyer before beginning the project will place one at an immediate advantage. This is due to the fact that the lawyer will examine legal and practical issues before drawing up the contract, which is beneficial to preventing any potential conflicts of interest.

Reviewing Financial issues

As is mentioned above, the lawyer will peruse different legal components and practical issues to incorporate them into the contract. One area that many construction lawyers consider is the financial aspects of a construction project. A lawyer can help identify the most effective means of maintaining financial value and increasing the profitable nature of the construction. The lawyer can also identify financial problems and provide advice on how to resolve them.

Assessment Of Terms

An invaluable tool that construction lawyers provide is the ability to assess terms and conditions of the project contract. The ideal contract requires an understanding and interpretation of all terms to ensure that each party is being treated in a fair and equal manner. Unrealistic, oppressive, or unachievable terms should be eliminated to avoid undue pressure on one party. While one may be eager to begin construction, it is highly recommended that the contract be reviewed by legal counsel before any signatures are placed on the paper. If one signs without contract assessment one may fall subject to conflicts of interest and unequal conditions.

Dealing With Third-Parties

A large commercial construction project will require the skills of various professionals and companies. The introduction of additional team members or suppliers will increase the complexity of the construction project contract and raising the potential of member conflicts. If one does not utilise the services of a construction contract lawyer when dealing with multiple members, there is a chance of experiencing negative consequences with high expenses. It is always best to consider the potential additional expenses in comparison to legal fees. One will often find that hiring an Albany lawyer to draw up a contract is more beneficial than hoping for the best.

Working To A Deadline

One of the most important factors to consider when constructing a commercial building is the timeline. It is rare that a contractor is not provided with a deadline for completion. It is vital that all team members are aware of this deadline and that it is included in the construction project contract; if not, there is a chance that disputes will arise and costly negative consequences will be experienced. A construction contract lawyer like McVeagh Fleming Partners for example will be able to detail all obligations and roles according to the deadline.


As can be seen, there are various factors to consider when completing a construction project. By using the services of an Albany lawyer to draw up a contract one will be sure to have an effective contract drafted and present with a more controlled project.