What to Expect from Figeroux & Associates in Construction Law

Introduction
Construction law encompasses a broad range of legal issues that affect developers, contractors, subcontractors, property owners, and other stakeholders involved in construction projects. From drafting contracts to navigating complex zoning regulations and resolving disputes, the legal needs in construction law are as diverse as the projects themselves. Figeroux & Associates is a full-service law firm with expertise in construction law, offering clients support at every phase of their projects to mitigate risks, protect investments, and ensure compliance. With a deep understanding of construction processes and regulations, the firm provides essential legal guidance that helps clients navigate the multifaceted challenges of the construction industry.

This article examines each major area of service Figeroux & Associates provides in construction law, detailing what clients can expect in terms of expertise, strategy, and client-focused representation.

1. Drafting and Negotiating Construction Contracts and Subcontracts

Construction contracts serve as the foundation for every project, defining the scope of work, timelines, payment terms, risk allocations, and roles of each party involved. The quality of these contracts can determine the success of a project and can prevent costly disputes later on. Figeroux & Associates offers comprehensive services in drafting and negotiating construction contracts and subcontracts, tailored to the unique needs of each project and client.

What Clients Can Expect:

• Thorough Assessment of Project Needs: Figeroux & Associates begins by working closely with clients to understand the specific goals, expectations, and risks associated with the construction project. This assessment informs the contract drafting process, allowing the firm to tailor agreements that address all necessary terms and provide adequate protections.
• Customized Contract Drafting for Clarity and Protection: The firm drafts clear, detailed construction contracts that outline essential terms such as scope of work, timelines, payment schedules, penalties for delays, dispute resolution methods, and warranties. Figeroux & Associates ensures that the contract language is precise and leaves no room for ambiguity, which reduces the risk of disputes and misunderstandings later on.
• Negotiation Support to Achieve Favorable Terms: In many cases, the terms of a contract are negotiable, and Figeroux & Associates assists clients in securing favorable conditions that protect their interests. Whether working with general contractors, subcontractors, or suppliers, the firm’s negotiation skills help clients achieve balanced agreements that promote a successful working relationship.
• Drafting Subcontracts to Manage Downstream Relationships: For general contractors who hire subcontractors, having well-drafted subcontracts is essential for maintaining control over project quality and timelines. Figeroux & Associates drafts subcontracts that align with the primary contract’s terms, ensuring consistency and reducing the likelihood of conflicts among project participants.
• Incorporation of Risk Management Provisions: Construction projects inherently carry risks, including delays, cost overruns, and unforeseen circumstances. Figeroux & Associates includes risk management provisions in contracts, such as force majeure clauses, indemnity clauses, and insurance requirements, to protect clients from unforeseen liabilities.

Additional Services in Contract Administration:

Beyond drafting and negotiating contracts, Figeroux & Associates provides ongoing contract administration support, helping clients manage contract compliance, document changes, and address any issues that arise during the construction process.

2. Advising on Compliance with Zoning, Safety, and Environmental Regulations

Compliance with zoning, safety, and environmental regulations is essential for any construction project. Non-compliance can lead to fines, delays, or even project shutdowns. Figeroux & Associates advises clients on regulatory compliance, helping them understand and meet local, state, and federal requirements that affect construction projects.

Zoning and Land Use Compliance

Zoning laws govern how land can be used and developed, and they vary by jurisdiction. Figeroux & Associates provides zoning and land use compliance support to help clients ensure their projects meet local requirements.

What Clients Can Expect:

• Zoning Analysis and Compliance Review: The firm conducts a zoning analysis to determine whether the intended use of the property aligns with local zoning codes. If zoning modifications are needed, Figeroux & Associates assists clients in applying for rezoning, variances, or special use permits.
• Representation in Zoning Hearings: Many zoning approvals require public hearings where stakeholders can raise questions or concerns. Figeroux & Associates represents clients at these hearings, presenting the project details, addressing potential objections, and advocating for approval.
• Land Use Planning and Permitting Support: The firm helps clients navigate the permitting process, ensuring that all necessary permits are obtained before construction begins. This includes building permits, occupancy permits, and any other approvals required by local authorities.

Safety Compliance (OSHA and State Regulations)

Safety compliance is critical to protect workers and minimize liability. The Occupational Safety and Health Administration (OSHA) and state agencies set standards for workplace safety, and non-compliance can result in fines or project delays.

What Clients Can Expect:

• OSHA Compliance Assessment: Figeroux & Associates reviews project plans and construction practices to ensure compliance with OSHA regulations, such as those related to worker safety, hazardous materials handling, and equipment use.
• Safety Policy Development: The firm assists clients in developing safety policies and training programs that meet regulatory requirements. This proactive approach helps reduce the risk of accidents and ensures compliance with workplace safety standards.
• Support During OSHA Inspections and Investigations: If an OSHA inspection occurs, Figeroux & Associates provides guidance on managing the inspection process, responding to inquiries, and addressing any identified violations.

Environmental Regulation Compliance

Environmental regulations can impact construction projects, especially those involving large-scale development or environmentally sensitive areas. Figeroux & Associates helps clients navigate complex environmental regulations to minimize risks and ensure compliance.

What Clients Can Expect:

• Environmental Impact Assessments: The firm conducts assessments to determine the potential environmental impact of a project and helps clients comply with the National Environmental Policy Act (NEPA) and other environmental laws.
• Assistance with Environmental Permitting: Figeroux & Associates assists clients in obtaining necessary environmental permits, such as those related to stormwater management, waste disposal, and pollution control, ensuring projects comply with state and federal environmental standards.
• Representation in Environmental Hearings: When projects face challenges from environmental groups or regulatory agencies, the firm represents clients in hearings, defending their right to proceed and demonstrating compliance with environmental requirements.

Ongoing Compliance Monitoring:

Throughout the construction process, Figeroux & Associates provides ongoing compliance support, helping clients adapt to regulatory changes and ensure adherence to all applicable laws.

3. Representing Clients in Construction Disputes Related to Delays, Defects, and Payment Issues

Construction disputes are common and can arise over various issues, including delays, defective work, payment disagreements, and contract breaches. Figeroux & Associates provides representation in construction disputes, advocating for clients’ rights and seeking favorable resolutions through negotiation, mediation, arbitration, or litigation.

Delay Disputes

Delays in construction projects can lead to significant financial losses, particularly when time-sensitive milestones are not met. Figeroux & Associates represents clients in delay disputes, helping them pursue compensation or defend against claims of delay-related damages.

What Clients Can Expect:

• Comprehensive Analysis of Delay Causes: The firm conducts a detailed analysis of the delay, examining factors such as unforeseen site conditions, weather events, labor shortages, or changes in project scope. This helps build a strong case for or against delay claims.
• Negotiation and Mediation Support: Figeroux & Associates attempts to resolve delay disputes through negotiation or mediation whenever possible, seeking amicable solutions that avoid costly litigation.
• Representation in Litigation: If a delay dispute cannot be resolved outside of court, the firm provides aggressive representation, presenting evidence of the delay’s cause, impact, and any applicable contract clauses that excuse performance.

Construction Defect Disputes

Construction defects can result in costly repairs and legal liabilities. These defects may involve structural issues, water intrusion, or other deficiencies that compromise the project’s safety or functionality. Figeroux & Associates represents clients in defect disputes, working to hold responsible parties accountable or defend against defect claims.

What Clients Can Expect:

• Detailed Investigation of Defects: The firm works with experts to investigate construction defects, assess their cause, and determine responsibility. This includes gathering evidence from contractors, architects, and engineers.
• Pursuing Remedies for Defects: Figeroux & Associates represents clients in seeking remedies for defects, such as repairs, financial compensation, or rework by the responsible party. For clients facing defect claims, the firm defends against these allegations by challenging the evidence or presenting alternative explanations.
• Resolution Through ADR or Litigation: The firm pursues defect claims through alternative dispute resolution (ADR) methods, such as mediation or arbitration, when appropriate. If litigation is necessary, Figeroux & Associates presents a strong case in court to protect clients’ interests.

Payment and Mechanic’s Lien Disputes

Payment issues are a common source of conflict in construction projects, and they may involve unpaid invoices, disputed change orders, or mechanic’s liens. Figeroux & Associates represents both contractors and property owners in payment disputes, working to secure fair compensation or defend against payment claims.

What Clients Can Expect:

• Negotiation of Payment Disputes: The firm seeks to resolve payment disputes through negotiation, helping clients reach fair payment terms and avoid escalating conflicts.
• Filing or Defending Mechanic’s Liens: Mechanic’s liens allow contractors and suppliers to secure payment by placing a lien on the property. Figeroux & Associates assists clients in filing mechanic’s liens or defending against them, ensuring compliance with lien filing procedures and deadlines.
• Pursuing Payment Through Litigation: If negotiation fails, the firm represents clients in court to pursue payment or dispute claims. Figeroux & Associates uses contract terms, project documentation, and industry standards to build a compelling case.

Ongoing Dispute Management and Prevention:

Beyond resolving disputes, Figeroux & Associates advises clients on best practices to prevent future conflicts, such as clear communication protocols, thorough documentation, and proactive issue resolution.

4. Handling Claims Related to Construction Bonds and Insurance

Construction bonds and insurance provide financial protection for parties involved in construction projects, covering risks such as contractor default, property damage, and liability. Figeroux & Associates handles claims related to construction bonds and insurance, helping clients navigate complex claims processes and secure coverage for losses.

Construction Bond Claims

Construction bonds, such as performance bonds and payment bonds, offer a financial guarantee that contractors will fulfill their obligations. When a contractor fails to perform, clients may need to file a claim against the bond to recover damages. Figeroux & Associates assists with bond claims, ensuring clients meet the requirements and receive compensation.

What Clients Can Expect:

• Assessment of Bond Coverage and Claim Eligibility: The firm reviews the bond’s terms to determine eligibility for a claim and identifies the documentation required to support the claim.
• Preparation and Filing of Bond Claims: Figeroux & Associates assists in preparing and filing bond claims, including compiling evidence of the contractor’s non-performance or payment default.
• Negotiation with Surety Companies: The firm negotiates with the surety company to seek a timely resolution, advocating for clients’ rights to recover losses covered under the bond.

Construction Insurance Claims

Construction insurance policies cover risks related to property damage, liability, and builder’s risk. Figeroux & Associates represents clients in construction insurance claims, helping them recover compensation for covered losses.

What Clients Can Expect:

• Policy Review and Claim Assessment: The firm examines clients’ insurance policies to determine coverage for specific claims and advises on the best approach for filing claims.
• Assistance with Claim Documentation and Submission: Figeroux & Associates helps clients gather and submit the necessary documentation to support their insurance claims, increasing the likelihood of a successful outcome.
• Appealing Denied Claims: If an insurance claim is denied, the firm represents clients in appealing the denial, presenting additional evidence or challenging the insurer’s interpretation of the policy.

Risk Management and Insurance Advisory Services:

In addition to handling claims, Figeroux & Associates provides guidance on risk management, helping clients select appropriate bonds and insurance policies to protect against common construction risks.

Conclusion

Figeroux & Associates offers a full range of services in construction law, providing essential support to clients throughout every stage of a construction project. Whether drafting and negotiating contracts, advising on regulatory compliance, resolving disputes, or handling bond and insurance claims, the firm’s expertise and client-focused approach help clients achieve successful project outcomes and minimize legal risks.

Clients can expect thorough preparation, skilled negotiation, and proactive guidance from Figeroux & Associates, making it an invaluable partner for contractors, developers, property owners, and other construction industry stakeholders.