Construction Law
Assisting developers, owners, contractors, and lenders with Construction Law.
Construction Law Services
Building a new commercial property in Ottawa or Allegan County? Working on a government contract for road improvement? Then you know that legal difficulties can impact a construction project at any stage. Whether you are a developer, owner, contractor, lender, or some other party involved in commercial or residential construction, we provide you with cost-effective solutions. And we seek to avoid any possible delay, knowing full well that delays can cause significant damage in this type of business.
We regularly advise clients on development of site plans and municipal approval, contract development, negotiation and administration, mediation, and all types of construction litigation.
The attorneys of Cunningham Dalman’s Construction Law Practice Group, well-versed in the problems faced by construction professionals in the Holland, Michigan area, stand ready to assist you in the numerous legal aspects of your construction project.
Voted Best Law Firm in Holland, Michigan
Attorney Articles
Celebrating Our Recognition in the 15th Edition of Best Law Firms®
We’re thrilled to share some exciting news—our firm has been recognized in the 15th edition of Best Law Firms®! This
Celebrating Our Firm’s Recognition in Grand Rapids Top Lawyers 2024!
We’re proud to announce that several of our attorneys—Tom Hillegonds, Rob Howard, Haans Mulder, Susan Vroegop, Ron Vander Veen, Brad
Medicaid Planning Seminar – Nov 2024
Cunningham Dalman will be hosting a Medicaid Planning Seminar on Thursday, November 21, 2024, 5:30-7:00 pm. We’ll cover important topics
Construction Law Involves Multiple Entities!
You may need assistance. Let our team help you understand the process.
Our Construction Law Services
Construction & Design
Our attorneys provide counsel for owners, developers, architects, engineering firms, general contractors, subcontractors, vendors and suppliers for public, residential, & commercial projects. Site selection, contracts, zoning, and other legal aspects of the construction design stage.
Contracts & AgreementsConstruction Insurance & Bonds
For commercial development projects, most will require the parties involved to carry certain insurance coverage. Our attorneys can assist in reviewing coverage requirements, assist with construction bonds, and more.
insuranceConstruction Litigation
Our team assists contractors, subcontractors, owners, suppliers, and construction vendors when disputes arise between the parties.
LitigationOur Construction Attorneys Handle All Aspects!
Looking out for you. Let us guide you through the process!Â
early stages of construction projects
Construction & Design
Construction and development is a multi-faceted industry which requires extensive knowledge of law in multiple areas during the planning, development, and construction phases. Our attorneys assist owners, developers, and contractors with legal matters at every stage. This includes legal aspects of site selection / site plan approval, property acquisition, financing, construction contract drafting, vendor / supplier agreements and more.
Common Construction & Design Services:
- Contract Drafting & Reviews - Cunningham Dalman has drafted and negotiated a number of contracts for projects across West Michigan. Our construction law team can assist you in drafting and reviewing contract language to ensure your interests are protected.
- Site Plan Approvals & Reviews - Construction projects will all undergo some type of local, state, or federal approval process. Project sites might require environmental, special-use permits, or other approvals to move forward. Cunningham Dalman has dedicated practices for "Real Estate and Environmental" as well as "Municipal and Administrative Law" which gives us the ability to deliver in multiple ways.
- Sub-Contractor Agreements - Our team assists contractors in drafting and reviewing their subcontractor agreements to ensure they are not exposing their business to significant liabilities. Our team is well versed in covering areas like licensing, scope of work, payment, timing, defense & indemnification, and more.
assist clients with protecting their Project interests
Construction Insurance & Bonds
At Cunningham Dalman, our Holland construction law attorneys have broad experience in representing both public and private entities within the construction industry. Construction projects require different types of insurance and our team assists clients in reviewing insurance requirements, and ensuring proper protection is in place.
Areas of Expertise:
- Construction Bonds - A construction bond is a type of surety bond and is common on most government / public works projects. These bonds provide some assurance to the project owner against a contractor not completing the work or not performing the work according to the contract. Our team assists clients in understanding construction bond requirements and negotiating terms.
- Insurance Claims - The construction industry sees claims for design errors, force majeure events, engineering defects, catastrophic loss, construction defects, supplier delays, and more.
- Builder's Trust Fund Proceedings - The "Michigan Builders Trust Fund Act" was put in place to protect subcontractors against non-payment from general contractors. The money paid out to a general contractor or person in charge of the project is considered "trust money" to be paid out to those who actually performed the work.
construction disputes do occur
Construction Litigation
Cunningham Dalman serves as counsel for developers, contractors, subcontractors, vendors, suppliers, engineering firms, and other construction related firms who are involved in legal disputes. These disputes cover a variety of areas but the most common issues surround: timeline disputes, workmanship, construction or design defects, OSHA citations, and contract disputes.
Expertise in Multiple Areas:
- Construction Lien Filings, Enforcement, & Foreclosure - A construction lien is a claim against a property owner by a general contractor or subcontractor who did receive payment for their work. In many cases just filing the lien itself will get the owner's attention and result in payment. In other cases, you may have to negotiate a remedy that is satisfactory to all parties. If unresolved, a lien foreclosure lawsuit will need to be drafted, filed, and served.
- Mechanic's Liens - In Michigan, Mechanic's Liens are called "Construction Liens" (see above). Contractors and subcontractors can only file construction liens on privately owned property. For government or public works projects, contractors must file a bond claim.
- Defective Construction Claims - A construction defect is defined by the International Risk Management Institute (IRMI) as a "deficiency in the design or construction of a building or structure resulting from a failure to design or construct in a reasonably workmanlike manner, and/or in accordance with a buyer's reasonable expectation." These are normally classified as "dangerous" or "passive " defects.
- Property Owner Defense Against Sub-Contractor & Suppliers - Contractors have the right to file a lien against your property if you hired them to do a job but did not pay them. In many cases, it might be that you paid and the general contractor never paid their subcontractors. If someone has already filed a lien against your property, our firm can assist you in determining the best approach to resolve the matter.
- Mediation Proceedings - In certain instances, parties in a dispute might opt to use a neutral party called a mediator in an attempt to reach an agreement on their own. The mediator's role is to assist the parties in reaching an agreement and will not advocate for either party. Our firm assists clients during these sessions and we advocate for you during the proceeding and make sure you understand all aspects of any agreement being proposed.
- Contractor Defense - Construction contractors will find themselves on the business end of a lawsuit for any number of factors during the course of providing construction services. The most common type is a "breach of contract" dispute in which you are accused of not upholding one of the contractual obligations. Call us today at 616.392.1821 to speak with one of our construction attorneys.
Construction Litigation - We Assist in All Phases:
- Pre-Suit Planning
- Trial Court Proceedings
- Appeals
- Enforcement of Judgements
Construction Law FAQ
Most frequent questions and answers
- Contract Errors and/or Omissions
- Non-Compliance to Contract Specifications
- Site Conditions Incorrectly Specified in Bid
- Lack of Communication
- Lacking Clear Scope of Work
- Payment Provisions
- Delay Provisions are not addressed
- Change Order Provisions
