SW&L Attorneys provides representation in the construction industry in North Dakota and Northern Minnesota.
SW&L Attorneys represents all types of parties in the construction industry – owners, developers, engineers, architects, general contractors, subcontractors, suppliers, and more. Our construction litigation attorneys are knowledgeable, experienced, and fearless.
Our attorneys help our clients navigate through construction industry disputes at all stages, from the initial conflict, to negotiations, to mediation, and ultimately to a lawsuit and trial, if necessary.
Construction Contracts
Most construction industry projects involve several sets of contracts. These may be standard form contracts approved by the American Institute of Architects (AIA), ConsensusDocs, or the Association of General Contractors (AGC). Or the contract may have been drafted by the parties from scratch.
Disputes will arise as to each parties’ obligations under the contract. SW&L Attorneys will review contracts to advise our clients of their contractual obligations, and the contractual obligations owed to our clients from other parties.
SW&L Attorneys also helps our clients draft contracts to help manage risk and identify problematic contract language.
Construction Liens And Mechanic’s Liens
The process to properly record and enforce construction liens (in North Dakota) and mechanic’s liens (in Minnesota) can be a difficult and technical process. SW&L Attorneys help our clients navigate their way through the rules, requirements, and forms necessary to record a lien, enforce the lien in court, and collect on the amount owed in the lien.
Commercial General Liability (CGL) Policies
Our attorneys have reviewed countless insurance policies.
Limiting Damages And Liability
With surging construction costs in the industry, our clients need to be protected. SW&L Attorneys can help put the contracts in place to protect your building project, whether you’re the owner, the general contractor, the subcontractor, or the supplier.
The parties involved in a construction project are expected to adhere to the plans and specifications for the structure. At times the parties will vary from those plans and specs. SW&L Attorneys can help navigate the process of who is to blame if there are construction defects that result because one or more parties involved in the build strayed from the plans and specs.
We help clients review punch lists and warranties to determine whether the work has been substantially completed and if it’s time for final payment.
Construction Scams
“An ounce of prevention is worth a pound of cure.” Our litigators know how to identify construction scams and bad contractors. If a contractor or supplier offers a price too good to be true, it often is. SW&L Attorneys can help protect your most valuable asset—your home or building—from scammers looking to make a quick buck.
Mediation And Arbitration
SW&L Attorneys helps our clients prepare for and effectively participate in the mediation and arbitration process that is often required by standard form construction contracts.
Mediation. Mediation requires a well-informed, skilled, and competent attorney. We provide our clients with an honest assessment of their cases before mediation to help effectively negotiate a settlement that is beneficial to our clients. In mediation, the parties meet with a third-party neutral to try and work out issues privately. It offers the parties some measure of control of the outcome of a lawsuit, rather than relying on the decision of a judge or jury. It is less expensive than going to trial and allows the parties to agree on a result and possibly repair a business relationship.
Arbitration. We help our clients prepare for and effectively participate in this out-of-court dispute resolution process, which is often faster and more cost effective than traditional litigation. Our attorneys are well-schooled in the American Arbitration Association (AAA) rules and procedures, including the AAA Construction Arbitration Rules and Mediation Procedures. The arbitration process is more informal than going to court and often a final result can be achieved sooner than full-blown litigation and a trial.
Trial And The Courtroom
We help our clients prepare for and effectively assert their rights in a lawsuit. This includes a jury trial, if necessary, and all the steps leading up to it. Conducting a jury trial is a difficult process controlled by many rules, laws, and customs. Our attorneys have extensive experience in all stages of the litigation process, from the initial complaint to the trial.
Appeals
Whether our clients win their lawsuit or lose, an appeal of the final determination is always a possibility. If our clients need to appeal the result, or our clients need to respond to an appeal from another party we will write the appeal brief and appear before the appeals court to zealously advocate for our client’s position. Our litigation attorneys have been involved in over 50 appeals to the North Dakota Supreme Court.
AGC Of ND Member
SW&L Attorneys is a proud member of the North Dakota Association of General Contractors. Our attorneys have been invited to present on construction industry topics at the AGC of ND Annual Convention.
Contact SW&L Attorneys Today
You need an experienced and fearless attorney in your corner in construction litigation. Disputes can range from $10,000 to multi-million dollar projects. SW&L’s litigators are known across North Dakota for their knowledge and work ethic. To discuss your matter, call our lawyers at 701-297-2890.
