We Work To Prevent Disputes And Resolven Architect And Engineer Issues
Throughout the various stages of a construction project, the relationships and work between the owner, engineers, architect and contractor can create disputes and conflicts of interest unless everything is handled properly.
The architect is usually hired by the owner and is therefore the owner’s representative. Sometimes, however, the contractor may recommend an architect for an owner to hire because of a pre-existing business relationship between the contractor and the architect. This can sometimes result in conflicts of interest. For example, if the architect feels beholden to the contractor, the architect may overlook certain defects or flaws in the work, which the architect would otherwise point out to the owner to be corrected.
Other times, an architect may contractually attempt to exclude certain supervisory responsibility such as not being responsible to supervise underpinning. In this circumstance, the contractor will either end up working unsupervised or be obligated to retain his or her own architect or engineer, who will usually side with the contractor in the event of a dispute.
Dedicated Representation In Contractor Disputes
At the New York and New Jersey Law Offices of Michael P. Berkley, P.C., we have worked on hundreds of cases involving engineering and architectural-related issues and logistics and are ready to provide you with guidance on any aspect of your project. With nearly three decades of experience, we have heard and seen it all.
From claims and disputes to advising on contracts and documentation and defending contractors and owners when they do not have insurance coverage, we’re ready to take our comprehensive knowledge to help you arrive at an ideal outcome. Call us today at 888-512-5875.
Dispute Resolution At Every Stage Of The Work
Sometimes there are situations when work begins before all the architectural drawings are completed. When this occurs, many disputes may arise as to the scope of work and the specifications. This can be common with mechanical, engineering and plumbing drawings. Also, with foundation work such as excavation, shoring and underpinning, it is often important to have the contractor responsible to hire his or her own engineers to draw up and file the plans, since foundation work is often the cause of injuries and property damage, and the work is often done by subcontractors.
It is also important for owners to know and understand that many different types of engineers can work on a project from geotechnical to structural or mechanical. Many owners and contractors don’t understand which types of engineers they will need to properly assess and remedy or avoid defects.
Failure to properly divide responsibility at the contracting stage between all the parties, failure to coordinate and assess the ongoing work and relationships between all the parties during the ongoing work and failure to utilize the proper type of professional engineers in assessing defects can result in costs of tens or hundreds of thousands of dollars and excessive delays. When the risks are this severe, it’s important to seek out an expert attorney who can assess the situation and inform you of how to proceed to arrive at an ideal solution.
Work With Our Experienced Construction Law Team