CONSTRUCTION LAW

Advantages of Engaging LEGAL EMPERORS in this area of law

  • Running a successful business in the construction industry-regardless of its size or role- requires skill, dedication, and constant attention to detail. We strive to provide our construction clients with outstanding legal services, dedication, and vigilant attention to their concerns and issues. Our client relationships are characterized by working “in the trenches” with our clients, learning their business and their concerns, and using that experience to competently address the broad spectrum of legal issues they frequently encounter. Our firm’s construction clients have included owners, developers, general contractors, construction managers, subcontractors, major suppliers, design professionals, and specialty contractors.
  • Construction projects are often sophisticated and complex. Our lawyers are skilled at reviewing the documents, plans, specifications, and expert reports that form the essence of a construction development project, and which often contain the key to prevailing on our client’s behalf.
  • Mindful of the pressures involved in meeting budgets and schedules, and in protecting cash flow, we remain committed to delivering cost-efficient, results-driven legal services to our clients.
  • Our diverse expertise gives us the ability to offer a client thorough and knowledgeable handling of its construction issues.
  • LEGAL EMPERORS has a complete working knowledge of the fundamentals of construction law and litigation, such as scope-of-work disputes and construction failures. We strive to remain current with regard to significant new developments in the law such as multiple prime contracting and architect’s and construction manager’s liabilities. The firm has had in depth experience with respect to surety’s liability for consequential damages, lender liability, contractors’ claims against their insurance carriers, and delays and disruptions.
  • Construction claims frequently involve complicated and technical issues. As a dispute advances to arbitration or litigation, the firm frequently utilizes the services of outside claims consultants to assist us in the prosecution and/or defense of the claims. These consultants typically handle the review of factual data and analysis of such topics as schedule delays, labor inefficiency, the effects of design deficiencies, and the various money damages related to these issues. The consultants are an invaluable tool which we utilize to lessen your expenses and increase our efficiency. We also utilize the services of outside experts when the need arises. Expert witnesses are selected with both the individual qualifications and the presentation skills that will meet the needs of the client’s specific issues.
  • At LEGAL EMPERORS, we represent clients in the drafting and negotiation of construction agreements. Because we have often been involved in the litigation of construction disputes, we know what contract provisions must be adhered to in a negotiation and which may be safely yielded or changed.
  • Different types of parties must take different considerations into account when entering into construction contracts. We are prepared to effectively address these issues.
  • There are many ways to resolve a construction dispute. LEGAL EMPERORS, can resolve your dispute in an efficient, cost-effective manner. With our experience in construction litigation, we can quickly identify the key parties, the core issues and the strategies for successfully resolving your dispute.
  • We are fluent in the language of construction contracts and can quickly identify the key elements in a dispute, whether they arise from ambiguous language, nonpayment, failure to perform, work stoppages, delays or other factors.
  • We handle a broad range of construction claims, including those arising from contract disputes, project defaults, bid protests, prevailing wage issues, responsibility issues, and all of the numerous other problems that can arise in the course of all construction projects, large and small. Our attorneys have extensive experience representing clients in state and federal courts, in mediation and before arbitration panels.
  • LEGAL EMPERORS, puts significant effort into gathering all of the information necessary to evaluate your claims and defences before developing a strategy that will best protect your interests in any construction litigation. It can be a timely process, which is why we advise our clients to seek legal assistance at the first sign of a dispute.
  • Our law firm provides litigation counselling to material suppliers, contractors and subcontractors in the construction industry throughout the Akwa Cross region.
  • With our broad and diverse experience in representing clients over the years, we have developed a reputation in the construction industry and know the major parties involved in many construction-related disputes. We are well-connected within the legal community and can draw on our past experience to quickly seek information that may be crucial to protecting your rights and interests. In addition to being highly experienced in protecting your legal rights under applicable construction law, our lawyers have the practical know-how to efficiently advance a favorable resolution of your dispute.
  • LEGAL EMPERORS construction lawyers assist clients in addressing the legal challenges of engaging in the design, development, financing, performance and management of major construction and government procurement contracts. Our firm has special experience working on complex, high-visibility projects in Port Harcourt and other cities. Our national practice includes attorneys who regularly represent public and private owners and developers, prime contractors and subcontractors, construction managers, equipment suppliers, architects/engineers and other design professionals, and sureties. This breadth of experience enables us to handle the complete spectrum of issues arising before, during and after project completion.
  • Lawyers from LEGAL EMPERORS frequently work with attorneys from other practice areas to address the many issues associated with any particular project-whether tax, finance, real estate, environmental, energy and, when necessary, white-collar criminal defense, corporate investigations and regulatory compliance, or any other relevant issue. The firm’s full range of practices enables us to offer clients sophisticated legal services that are coordinated and streamlined from coast to coast and internationally.
  • In addition, when public relations and quasi-political issues impact construction projects, we have been successful in coordinating teams of outside consultants-including public relations specialists as well as state and local government contacts-and getting projects back on track.
  • Having extensively represented all sides of contract disputes, we can provide our clients with unique insights into handling default terminations, negotiating no-cost terminations in many cases or obtaining terminations for convenience on behalf of improperly terminated contractors, as well as working and negotiating with, and litigating for or against sureties relating to payment and performance bond claims and indemnity obligations

OUR RETAINERSHIP

The Retainership team provides continuous hand-holding to clients. We require an initial retainer and a signed fee agreement prior to the commencement of representation. The initial retainer depends fundamentally on the type and complexity of the case and other ancillary factors. Our retainership will clearly outline our agreement and we are happy to go over any additional questions. The methodology adopted for consulting on Retainership basis includes:

  • One focal person for the client
  • Verbal solutions over phone or during the meeting
  • Earliest reply of queries through e-mail
  • Comprehensive written opinion wherever required
  • Onsite discussions with the client
  • Regular updates on latest amendments in the relevant practice area

With an added advantage of having in-depth knowledge of the client’s business domain, the team provides optimum, efficient and feasible solutions on key issues.

RANGE OF SERVICES

Litigation works of all kinds, involving:

  • Extra work: We handle disputes addressing whether ordered work was within the scope of the initial contract or outside it.
  • Delay and interference: When a project is delayed, the financial impact on the several parties committed to the project can be considerable. We litigate claims over the alleged failure of owners to acquire sites, obtain permits, coordinate contractors, and process change orders; the alleged failure of construction managers and contractors to timely progress the job; and the alleged failure of architects or engineers to properly design the project.
  • Design and Construction defects: Our lawyerss are experienced at litigating disputes among owners, designers, and contractors over allegations of errors and omissions in design and defective work on the project.
  • Contractor Default: A contractor default on its obligations, whether actual or alleged, can have enormous financial consequences for the owner, contractor, and other participants in a construction project. We handle such situations and, when necessary, litigation arising out of them.

Contract Formation and Performance

  • Developing contract documents that expressly allocate the risk, responsibility and rewards for proper performance essential to a successful project.
  • Utilizing our considerable experience with numerous forms of contracts, from customized forms to standard industry and government forms o develop the most appropriate contract forms for any project or task.
  • Advising owners, developers, prime contractors, subcontractors, engineers, architects, other design professionals, sureties or other project team members, in forming and managing contractual relationships.

Claims Prevention

  • Monitoring projects during construction to ensure awareness of issues and potential pitfalls, and to assist in the prevention or resolution of claims.
  • Presenting seminars and written materials to our clients to educate their project managers, superintendents, engineers and others about the common pitfalls encountered on a construction project.
  • Reviewing contract forms and procedures so clients are better able to avoid many situations that might result in claims or delays.

Construction Claims

  • Handling claims, including changed or unforeseen conditions, delays, disruptions, loss of productivity, acceleration, payment disputes, insurance coverage and allegations of defective design or construction.
  • Calculating extended project costs and unallocated overhead using industry-recognized formulas, recommending qualified consultants to do so and, where appropriate, working closely with claims consultants to maximize benefits and minimize risks for our clients.
  • Where possible, attempting to achieve an early and fair resolution of construction disputes without the expense and disruption of litigation.
  • Engaging in all forms of alternative dispute resolution, including mini-trials, mediations and arbitrations, and presenting strategies to attempt to resolve disputes promptly, amicably and short of trial.
  • When early resolution is not possible, our attorneys have considerable experience litigating complex, highly technical construction claims in trial and appellate courts at state and federal levels, as well as arbitrating before the domestic industrial arbitration panel.

Government Contracts and Bid Protests

  • Providing a full range of services in connection with government contracting at the local, state and federal level, and with international agencies.
  • Representing public owners, contractors, subcontractors, engineers, architects, suppliers and sureties in the procurement process, including bidding, bid protests, contractor selection and awards processes used by public agencies.
  • Counselling clients on claims arising under government contracts, including analysis of entitlement and claims pricing issues, and claims notification and certification requirements.

Public-Private Partnership (P3) Projects

  • Representing the Nigerian state and local governments, as well as developers, lenders and other private sector firms in P3 projects.
  • Negotiating arrangements and establishing properly aligned incentives that are the foundation for successful P3 projects.

Default/Termination Claims and Surety Practice

  • Handling the complex issues and claims arising from contractor and subcontractor default terminations as well as failed construction projects that can result in numerous payment and performance bond claims and default or termination of bonded contractors.
  • Having extensively represented all sides of such disputes, we can provide our clients with unique insights into handling default terminations, negotiating no-cost terminations in many cases or obtaining terminations for convenience on behalf of improperly terminated contractors, as well as working and negotiating with, and litigating for or against sureties relating to payment and performance bond claims and indemnity obligations.

Architects, Engineers and Other Design Professionals

  • Representing architects, engineers and other design professionals in contractual issues related to project delivery systems such as design-build, design-bid-build, fast-track or any combination, and advising on their relationships with owners, consultants, contractors or subcontractors, during the pre-design, design, construction and post-construction phases.
  • Defending or prosecuting claims by or against design professionals, and by or against professional liability insurance carriers. Our practice in this area is enhanced by our experience in the formation and management of design professional practices.

Insurance Programs

  • Advising clients concerning the competitive retention of insurance consultants and brokers including the preparation of request for proposals.
  • Advising clients concerning various controlled insurance programs.
  • Assisting in the negotiation of insurance policies and coverages for liability, pollution and property risks.

Labor and Employment

Our Employment Law practice represents management on such far-ranging issues as:

  • Personnel administration.
  • Assisting clients’ compliance with Employment Tax Issues and Pension Commission.
  • Providing clients with representation in union employment and labor-related problems.

Occupational Safety and Health Compliance Issues

  • Helping clients address the ever-changing health and safety regulations of federal, state and municipal agencies to protect individuals and property in the workplace.
  • Assessing the scope and application of these regulations, the potential liabilities in ongoing project activities and appropriate responses to inspection issues or the issuance of subpoenas and citations.

Managing Environmental Risks

  • keeping clients abreast of environmental risks on construction projects, consequent liabilities and compliance with the National Environmental Standards and Regulations Enforcement Agency (NESREA) and its regulations.
  • Representing environmental engineers, contractors, owners, sureties and insurance carriers in assessing environmental risk and resolving environmental issues in construction projects.

Sustainable Designed Construction

  • Counseling clients on alternatives available to address sustainable/high energy efficiency/green building design and construction.
  • Investigating available incentives and modeling contract documents to reflect the added responsibilities and risks.

Property Damage Claims

  • Representing owners, contractors and other project participants in claims which often become very complex, arising out of property damage to projects during construction or to completed projects.
  • Drawing on extensive experience in litigating numerous property damage cases, as well as our long history of dealing with insurance companies and claims adjusters, adding value on coverage questions and in settlement negotiations.

All in all, we have handled construction claims and lawsuits for and against a broad scope of public and private owners, including various government agencies. Our in-depth knowledge of the construction process and our direct day to day personal involvement with our clients’ businesses have allowed us to successfully defend our clients in complex, multi-party litigation arising out of troubled construction projects and construction accidents, property damage claims and construction defect litigation.

The firm’s construction law practice extends to all the principal areas of construction law, which enables us to serve as general counsel to many of our clients in the construction industry. Our work has included incorporation and ownership issues, creations of joint ventures for particular projects, as well as contract preparation, review, and negotiation.  Additionally, we routinely advise clients on construction finance issues and have aided owners in creating the contractual framework necessary to develop their properties.

If you are seeking an accomplished Legal Practitioner for your construction claim(s) in Nigeria, our law firm is here to protect your rights and interests. Contact our Managing Solicitor by calling +234-8022148248 or emailing attorney@legalemperors.com.ng.

MORE INFORMATION

After reviewing the above, if you have questions and need our assistance, please call (+234) 080-22148248 or email: attorney@legalemperors.com.ng or use the contact form right now.

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If you have questions and need our assistance in any area of law, please call (+234) 080-22148248 or email: attorney@legalemperors.com.ng or use the contact form right now.

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