What Does a Building and Construction Lawyer Do?

Do you picture a construction lawyer as someone who spends all day pointing at blueprints and shouting at contractors? That’s the barefaced question many people have when they hear the term. They think of hard hats and safety vests. But the truth is far more complex, and frankly, a whole lot more interesting.

Here’s the controversial truth: Every large-scale construction project from a new high-rise to a simple residential subdivision is fundamentally a complex financial and legal contract masquerading as a physical structure. When that structure goes up, it creates a massive web of liability, payment disputes, and regulatory risks. What does a building and construction lawyer do? We manage that web. We are the risk mitigation experts for the built environment, ensuring that projects get finished, paid for, and built correctly. We are the glue.

My personal framing of this specialty is simple: we deal with the legal equivalent of structural failure. When contracts break down, when money stops flowing, or when a wall collapses, we step in to prevent a complete disaster. Let’s dig into the core functions that define this demanding practice.

Before the Ground Breaks: Contract Drafting and Review

The most crucial, most preventative work we do happens long before the first shovel hits the dirt. This is where we earn our keep. A well-drafted contract is the ultimate risk management tool.

• Owner Contracts: We negotiate agreements for property owners with general contractors, architects, and engineers. We ensure clauses covering scope, schedule, payment milestones, and change orders are airtight.
• Subcontractor Agreements: We prepare agreements between the general contractor and their various subs electrical, plumbing, masonry, etc. These documents must clearly allocate responsibility and risk down the chain. It must be clear.
• Risk Allocation: We spend a lot of time defining who pays when things go wrong. Delays? Defects? Safety incidents? We write the rules of engagement. If you don’t have a solid contract, you’re building on sand. Honestly, it’s terrifyingly common to see generic, flimsy contracts used for multi-million dollar projects.

When the Money Stops: Lien Claims and Payment Disputes

If you want to know what a building and construction lawyer does on any given Tuesday, the answer is usually chasing money. Payment disputes are the lifeblood of construction litigation.

A builder doesn’t get paid, or a supplier doesn’t get paid. Chaos. We handle Mechanic’s Liens legal claims against the property itself designed to force payment. This area is highly technical, governed by extremely strict deadlines. Miss a deadline by one day, and your lien is worthless. Just gone.

We also deal with breach of contract claims when an owner fails to pay or when a contractor walks off the job. Sometimes, a project stalls because the owner simply runs out of money, which then puts the general contractor, the subcontractors, and the suppliers all in a financially disastrous spot. It’s an emotional interjection for me, watching the cascading failure.

The Interrupted Thought: Defects and Delays Are Inevitable

I have to pause here because people always assume perfect construction. They think a building should go up smoothly. But the reality is, defects and delays are guaranteed. They’re part of the process, always. No project is ever finished on time, under budget, and without error. It simply doesn’t happen.

Litigation and Alternative Dispute Resolution

When negotiations fail, we transition into litigation mode. However, trials are incredibly costly in construction law because they require expert testimony from engineers, architects, and forensic accountants. Nobody wins when a construction dispute goes to a full jury trial. It is ridiculously expensive, expensive and slow.

That’s why a construction lawyer also heavily promotes Alternative Dispute Resolution (ADR).

• Mediation: We spend a lot of time in mediation, using a neutral third party to guide settlement negotiations. It’s faster.
• Arbitration: This is essentially a private, streamlined trial where the decision is made by one or more private arbitrators instead of a judge. Many construction contracts mandate arbitration.

My job is to navigate these forums, present complex technical evidence (like structural deficiencies or code violations), and translate technical jargon into compelling legal arguments.

A Tangential Aside: Dealing with Insurance

A huge part of my daily routine involves insurance. Professional Liability insurance, General Liability insurance, Builder’s Risk policies. Who pays when a worker falls? Who pays when the roof leaks three years after completion? We spend a ton of time reading the fine print of these massive policies to determine coverage. It’s detail work, really.

The Regulator Maze: Licensing, Zoning, and OSHA

Finally, what a building and construction lawyer does involves navigating the massive regulatory environment.

• Licensing: Ensuring contractors are properly licensed and bonded. This matters a lot.
• Zoning and Land Use: Dealing with local municipal law, permits, variances, and development regulations.
• Safety: Handling claims and citations issued by regulatory bodies like OSHA (Occupational Safety and Health Administration) following a site incident.

We are the legal safety net for a messy, complicated, high-stakes industry. We protect our clients from financial ruin, whether they are the developer, the contractor, or the homeowner. We keep the project on track, or we fight tooth and nail to recover losses when it all goes sideways.