Mohr Hackett’s construction law practice predominantly involves representing developers, production builders, custom builders, owners, and certain homeowner by negotiating construction contracts and assisting them to avoid costly legal litigation.
Mohr Hackett has a cadre of lawyers who actively partner with developers, production builders, custom builders, and owners to help them avoid liability from complex construction law issues, such as breach of the implied warranty of workmanship and habitability, breach of contract, breach of regulations from the Registrar of Contractors of the State of Arizona, liability for failure to comply with or adhere to mechanics’ and materialmen’s liens and pollution laws. Mohr Hackett counsels and guides its clients to avoid costly legal litigation. If litigation becomes necessary, Mohr Hackett has significant experience in defending and prosecuting construction law claims, whether in administrative hearings, trials, arbitrations, or mediations.
Owners, architects, contractors, subcontractors, material suppliers, engineers, insurers, and others in the construction industry must comply with numerous laws and regulations. Multiple sources of liability for the same work-related event exist. Numerous legal decisions are required related to every project, beginning with funding, land use, planning and architectural drafting, to the bidding and estimating process, through contract drafting and negotiation, and construction of the job, to collection for completed work or claims of defects and delays and related warranty work.
For example, before purchasing a property or investing in a project, potential owners or investors have significant issues to resolve with respect to environmental concerns and liabilities, as well as with project financing. Once a property has been acquired and financing established, owners must then decide whether a construction manager, an architect, or other consultant will accept bids and award subcontracts and whether to retain a separate general contractor. The parties then need to determine the form of agreement, whether to use the Architectural Institute of America (AIA) form documents, a modification of those materials, or their own drafted agreements and ascertain what insurance products or issues apply. During the construction document phase, all parties must be aware of the Americans With Disabilities Act and other regulations that may apply to the construction design, as well as all zoning and regulatory or development issues. Further, if accidents occur on the project site, all parties need to be apprised of OSHA and/or products liability and insurance issues. Other issues to be decided by the construction team members include how they will enforce their rights and remedies, including the relative merits of mediation, arbitration, and litigation of disputes and the impact of lien laws. Construction law issues may also arise during construction and after completion of construction.