CONSTRUCTION INDUSTRY GROUP

PRACTICE AREA / CONSTRUCTION INDUSTRY GROUP

Risk management is at the heart of our Construction Industry Group’s philosophy.  That philosophy comes into play whenever our clients ask us to help, be it during the project planning and client selection, contracting, design and construction, project closeout, or dispute resolution.  Blending knowledge of the facts, the contracts, and the law with decades of experience and common sense, we help our clients see the situation for what it is and make decisions on how to handle that situation consistent with the client’s best interests as they define them.

CONSTRUCTION INDUSTRY GROUP ATTORNEYS IN UTAH

We work with our clients at every stage of the design and construction process.

Architects, Engineers, Owners, Developers and Contractors

Each participant in design and construction has specific project rights and responsibilities and distinct yet largely compatible interests.  Knowing where and how these factors converge or diverge is critical to understanding the risks facing our industry clients and how to help manage or eliminate these risks.  Having represented clients in virtually every project participant category, we understand or can quickly discern the factors driving most any project issue to the end of providing solid counsel to our client.

Institutional, Industrial, Commercial, or Residential

While the risks in design and construction are generally very similar from project to project, no two projects are the same.  Understanding the legal and contractual principles as they might apply to a specific type of project is an acquired skill.  Having represented a variety of clients on projects ranging from single-family residences to heavy construction and industrial, to research and high-tech facilities, we understand where these basic principles intersect with the challenges unique to the most complex of projects.

Risk Management

Design and construction are high-risk undertakings. Experienced design and construction professionals know that managing these risks plays a critical role in the success of any project.  From procurement, contracting and insurance through trouble-shooting problem projects and claims handling/resolution, Richards Brandt’s Construction Industry Group is ready, willing and able to help you maintain control of the situation.

Government Procurement

Procurement of design and construction services by federal, state and local government entities is governed by myriad statutes, rules and regulations. The intent of these laws is to promote competition and ensure a level playing field for those pursuing a government contract. These laws change frequently and courts strictly enforce their requirements. Staying on top of these laws is a priority for our Construction Industry Group and we can quickly assist you where government procurement may not have been conducted as it should have been.

Design/Construction Disputes – The Usual Suspects

To say that construction is a contract-intensive industry would be an understatement.  Project participants’ rights and responsibilities are defined by contracts and the process is managed through these contracts.  And in any construction dispute, the legal analysis invariably starts with and usually gets resolved according to the parties’ contracts.  Simply stated, your project contracts are critical to managing your project risks and our construction lawyers are here to help you deal with contracting issues, from drafting and review through interpretation and enforcement.

RECENT CONSTRUCTION INDUSTRY GROUP LAW UPDATES

Leveling the Playing Field

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CONSTRUCTION INDUSTRY GROUP ATTORNEYS AT RICHARDS BRANDT IN SALT LAKE CITY, UTAH

Lincoln Harris

Lincoln Harris

Shareholder and Family Law and Construction Law Practice Chair

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Design/Construction Defects

The industry has seen a sharp rise in design and construction defect claims in the last decade. As problems arise before, during or after construction, our attorneys have the experience to assess the risk exposure for our clients.  As each project is unique, so too is the analysis for each of our clients.

Liens and Bonds

Getting paid can be a challenge for those in the construction industry.  Navigating lien and bond issues can be difficult and time sensitive.  Our experienced attorneys have the expertise to assist you in dealing with these and other aspects of construction management.

Dispute Resolution

With multiple participants, contracts, facts and technical issues, construction industry disputes are among the most complex and expensive to resolve. Getting a handle on them and resolving them early is critical.

As your counsel, we will help you cut through these complexities and the posturing that accompanies any dispute and get to the heart of the matter.  And, once there, we’ll help you better understand and evaluate your real risks and craft cost-effective alternatives for resolution.

In those cases where we are not your counsel, we provide cost-effective neutral services, as mediator or arbitrator, to help you and the other parties resolve your dispute before attorneys and expert fees spin out of control.

Government Relations

When it comes to government relations, Richards Brandt has been on point for the design professions and construction industry for decades.  The issues facing the construction industry can be complicated.  But that does not mean that resolving them before the legislature and government agencies needs to be complicated. Our Construction Industry Group has learned that the best way to affect legislation is to engage the stakeholders and the decision makers in a candid and transparent discussion that leads to good public policy and an effective legislative solution.

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FREQUENTLY ASKED QUESTIONS (FAQS)

BUSINESS TRANSACTIONS & CORPORATE GOVERNANCE / FEATURED FAQS

https://www.youtube.com/watch?v=Q-dWET7GqR0

Answered by:

A: To decide which entity is right for you, we look at: liability, taxation, and maintenance. Both corporations and LLC’s have limited personal liability—this means that owners are usually not responsible for business debts. However, corporations and LLC’s are taxed very differently—corporations are classified as a separate taxable entity, whereas LLC’s are typically taxed as a pass-through entity (unless you choose otherwise). And corporations and LLC’s have different levels of maintenance—LLC’s have fewer reporting requirements and can operate solely with members acting as the managers. Conversely, corporations are required to hold certain annual meetings, keep certain records, and appoint boards and officers to manage the company for the stockholders. Every situation is unique so we recommend that you consult with an attorney in making your decision. Contact our firm, Richards Brandt, if we can help you decide which entity is right for you.

https://www.youtube.com/watch?v=Q-dWET7GqR0

Answered by:

A: To decide which entity is right for you, we look at: liability, taxation, and maintenance. Both corporations and LLC’s have limited personal liability—this means that owners are usually not responsible for business debts. However, corporations and LLC’s are taxed very differently—corporations are classified as a separate taxable entity, whereas LLC’s are typically taxed as a pass-through entity (unless you choose otherwise). And corporations and LLC’s have different levels of maintenance—LLC’s have fewer reporting requirements and can operate solely with members acting as the managers. Conversely, corporations are required to hold certain annual meetings, keep certain records, and appoint boards and officers to manage the company for the stockholders. Every situation is unique so we recommend that you consult with an attorney in making your decision. Contact our firm, Richards Brandt, if we can help you decide which entity is right for you.

https://www.youtube.com/watch?v=Q-dWET7GqR0

Answered by:

A: To decide which entity is right for you, we look at: liability, taxation, and maintenance. Both corporations and LLC’s have limited personal liability—this means that owners are usually not responsible for business debts. However, corporations and LLC’s are taxed very differently—corporations are classified as a separate taxable entity, whereas LLC’s are typically taxed as a pass-through entity (unless you choose otherwise). And corporations and LLC’s have different levels of maintenance—LLC’s have fewer reporting requirements and can operate solely with members acting as the managers. Conversely, corporations are required to hold certain annual meetings, keep certain records, and appoint boards and officers to manage the company for the stockholders. Every situation is unique so we recommend that you consult with an attorney in making your decision. Contact our firm, Richards Brandt, if we can help you decide which entity is right for you.

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BUSINESS TRANSACTIONS & CORPORATE GOVERNANCE – CASE STUDIES

Utah Manufacturing Company Needed Employment Contracts For Key Staffers

Utah Construction Company Needed Planning For Business Growth & Protection

Utah Family Enterprise Needed Guidance and Representation to Sell Business

REVIEWS

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Richards Brandt has been serving clients throughout the state of Utah and the Intermountain West for more than 40 years.

We are highly regarded in each of our practice areas, and our attorneys are recognized both in Utah and nationally for our commitment to the representation of our clients’ interests.

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