Construction Law

We have real-world construction experience in addition to performing legal services for contractors of all size. That's why we have spent so much time to help you file a mechanics lien as quickly and efficiently as possible. Whether you are faced with litigation, arbitration, or just want a contract reviewed, we can help.

At Equitus Law, we offer flat-rate mechanics lien service for all projects located in Davidson County (Nashville), and a flat-rate plus expenses model for liens in all other Tennessee Counties. View our guide to Tennessee Mechanics Liens for up to date pricing, when you need to file by, links to our online forms, and more.

 Mechanics Liens

A mechanic's lien is a legal claim against a property for unpaid work or materials supplied by a contractor or subcontractor. The mechanics lien process in Tennessee can be complex due to the differing statutory requirements for different types of work. A mechanic’s lien is a contractor’s strongest tool to get paid.  It is important for contractors to consult with an experienced attorney to ensure compliance with the law and protect their legal rights.  

We have extensive experience with Tennessee mechanics liens and can typically file your lien within 48 hours, especially for projects located in Davidson County (Nashville). You did the work, and you deserve to get paid. 

Architect & Engineer Liability

Architects and Engineers face a unique set of legal challenges. Oftentimes, they are brought into lawsuits for problems they had nothing to do with. Their work is not easy to translate to any audience, especially a judge or jury. The best way for design professionals to protect themselves is with the right contracts.

We help architects and engineers draft contracts that clearly define the scope of their work and limit their liability. When they inevitably get drawn into litigation, design professionals need an attorney who understands their language. Not all attorneys can do this, but we can.

Contract Review

Nothing is more fundamental to a successful project than a good project team. But the second thing you need is a good contract. We have experience reviewing all sorts of construction contracts, including design-bid-build (hard bid), design-build, consulting, and construction management agreements. This includes all of the AIA contract documents.

AIA documents refer to a set of standardized contract documents developed by the American Institute of Architects (AIA). These contracts are widely used in the construction industry to establish the legal relationships between the various parties involved in a construction project, including the owner, architect, contractor, and other consultants. It's important to hire an attorney familiar with these documents.

Defects & Warranty Claims

Construction defects are issues or deficiencies in a building or structure that result from poor workmanship, design errors, or the use of substandard materials during the construction process. Oftentimes, one defect can set off a chain of consequences that can lead to more damage, including to other work.  We have real-world experience working for construction companies of all sizes, so we can quickly understand contractors and subcontractors when they speak in technical terms. We use this experience to help contractors and subcontractors defend against unjust defect and warranty claims.

Construction defects can also result in a range of negative consequences for building owners, including reduced property values, increased maintenance costs, and potential safety hazards. In some cases, defects may be covered by the builder's warranty or by insurance, while in other cases, owners may need to pursue the contractor to recover damages.  We are familiar with all levels of the construction process and can help owners from the early claim process through litigation, if necessary.

Construction Bonds

A construction bond, also known as a surety bond, is a three-party agreement between the project owner (obligee), the contractor (principal), and the surety company. It is a form of insurance that guarantees that the contractor will fulfill their contractual obligations, such as completing the project on time, within budget, and to the specifications outlined in the contract. Construction bonds are typically required for public construction projects, as well as some private projects. 

Bid bonds are used to ensure that a contractor will enter into a contract if they are awarded the project. Performance bonds guarantee that the contractor will complete the project according to the terms of the contract. Payment bonds ensure that the contractor will pay their subcontractors, laborers, and suppliers for work performed and materials provided on the project.  

Sureties are supposed to pay out any valid claim, but anyone who has dealt with a surety knows it can be very difficult to collect. That's where we come in. If you have questions about any type of construction bonds, need help collecting on one, or understanding your liability under one, we can help.

Delay & Disruption Claims

Delays and disruptions can have a significant impact on a construction project, leading to increased costs, schedule delays, reduced productivity, safety risks, damage to project quality, and damage to relationships between project parties. Delays and disruptions can also cause further schedule delays, which can have a ripple effect on the rest of the project. 

For example, if one part of the project is delayed, it may push back other aspects of the project, causing delays throughout the entire schedule. If work is delayed, it may cause workers to rush to complete the work, which can result in mistakes or incomplete work. This can lead to quality issues that may need to be addressed later in the project. Delays and disruptions can damage the relationships between the owner, contractors, subcontractors, and other parties involved in the project.  

It's important to have a lawyer who understands the nuance to your work. We have actually worked with Primavera, Microsoft Project, and performed project management. We can speak your language and help you recover what you are owed.