Construction is a tough business that is adversarial by nature. Contractors, owners, subcontractors, suppliers, and designers are all competing for the same dollars. While regulations are ever increasing, construction and development remain as businesses where the players make most of the rules and the decisions. There is no room for error and even less for problems and disputes that cost money.
We offer a contractor check-up package to help put your business on a sound legal and financial footing.. From Generals to Subs, anyone who operates a construction business can benefit from a review of their form contracts and business practices. The best way to minimize legal costs in contracting is to avoid problems before they become problems.
There is a great deal of room for preventative review to avoid construction and real estate disputes and I have a good deal of experience in fixing issues before they evolve into problems. Sometimes issues arise regardless of the best planning. As a contractor for over twenty years, Dave understands not only the legal aspects of a dispute, but also the issues and events that led to it and creative ways to fix it as inexpensively as possible.
Dave has been involved, both as an attorney and as a contractor/developer in negotiation, mediation, arbitration, and litigation. He understands that the typical legal process may not be the best option to solving disputes from a cost or time perspective. Any hour you spend working with legal issues is an hour you aren't making money in your business. Dave can help you fix the issues you have and also help you to plan to avoid the ones that haven't happened yet.
In addition to legal services, Dave also provides construction and real estate professionals with business consulting services including overhead analysis, cash flow analysis, job cost analysis and diagnosis, HR issues, policy manuals, and contract/subcontract review.
Construction Services
For Owners:
Bid evaluation and contractor vetting
Payment disputes/lien issues
Defective work and other contract breaches
Licensing and insurance issues
Jobsite injuries, damages, and other claims
Working with lenders and financing
Handling change orders
Delays and the resulting claims
Unfair and Deceptive Trade Practices
For Contractors:
Site Acquisition/Negotiation
Planning and Zoning
Civil Design and Engineering
Building Design and Engineering
Construction Claims, Including:
Delay and Damage Claims
Payment Disputes/Lien Claims
Construction Defect Claims
Contract Drafting and Litigation
Condominiums and Associations
Warranty Issues
Unfair and Deceptive Trade Practices
Proper planing can protect you from contractor fraud.
Watch Attorney Dave Ervin’s interview with WECT
on steps you can take to protect your interests.
Frequently asked questions
Why should I choose Dave Ervin as my construction attorney?
Prior to becoming an attorney, I had a career in construction and real estate development that spanned over twenty-five years. I owned and operated a regional construction and development firm that maintained over fifty employees. My company designed, developed, and built in excess of $100M of construction projects including houses and subdivisions, retail and office condominium complexes, industrial facilities and aircraft hangers, medial office complexes, schools, and motorcycle dealerships. I am intimately familiar with all phases of acquisition, engineering, design, sitework, constructio, leasing and sales.
I’m an owner of a current/future construction project. How can you help me?
Most contractors are good folks who conduct business honestly and fairly. But some contractors are unscrupulous and will prey on those who are not as knowledgeable. As a contractor, I always believed it was my obligation to be a partner with the project owner and to protect his interests. Unfortunately, this is not always the case with your contractor. I know the games that some contractors play and how to set up a deal at the outset to better protect the interests of the owner. Better yet, I can help avoid hiring the wrong contractor to start with.
From large commercial projects to home additions, how can you help me?
I can help with:
- Bid evaluation and contractor vetting
- Payment disputes/lien issues
- Defective work and other contract breaches
- Licensing and insurance issues
- Jobsite injuries, damages, and other claims
- Working with lenders and financing
- Handling change orders
- Delays and the resulting claims
- Unfair and deceptive trade practices
Your contractor holds most of the cards in your project through their superior knowledge and experience. I can help level the playing field and give you the tools to help keep your project on time and budget.
I'm contemplating developing a parcel of land. How can you help me?
Development is a dynamic business with a great deal of potential risk and reward. The key to successful development is to minimize as much risk as you can without sacrificing your profit opportunities. From zoning and planning to financing to construction logistics, a development project has many moving parts, any one of which can turn a project into a disaster if not handled properly. As a development attorney, I can help a project owner navigate the regulatory agencies, designers, contractors, and lenders that all play a part in the development process. Avoiding surprises; zoning issues, change orders, unforeseen construction conditions, and rate hikes is imperative to a succesful project. This is true whether you are building a retail complex, an office building, or even a single family home. I can come along side an owner for part or all of the development process to help with effective planning, administration, and dispute resolution. I have developed and built hundreds of thousands of square feet of space, often learning the hard way. Let my experience help save your project money and time.