When you are hiring someone to do a job for you, whether it is painting, roofing, or other home-related construction duties, you are automatically losing control over the project. You have to; the reason you’re hiring them to do the job is because you cannot do it yourself.
If this is the case, how do you protect yourself in the event of a mishap? How do you protect the investment you’re making in your home? You cannot necessarily prevent the defects from occurring, but you can protect yourself in the event that they do– by hiring an attorney.
A lot of people don’t involve a lawyer at the onset of hiring a contractor because they do not see a need. But truthfully, always, 100 percent of the time, it is cheaper to have the lawyer involved at the front of the contracting than it is at the back end. Your attorney will know to check things that you wouldn’t realize you should check.
An attorney will make sure that the contractors or construction company has verifiable insurance and prevailing party provisions. A prevailing party provision is the provision in a contractor’s agreement that says, “In the event the contractor has to bring suit to collect money owed from the homeowner, the contractor is entitled to all reasonable attorneys’ fees and cost.”
What it doesn’t say, and what many don’t say, is, “If any litigation is brought pursuant to this contract, (not just for payment due from the homeowner for work performed by the contractor), the prevailing party shall receive reasonable attorneys’ fees and cost.”
It’s is a double‑edged sword for the standpoint that if you do bring a construction defect claim, and you lose, you will be responsible for their attorneys’ fees and cost. It protects you in the event that you win, and protects them if you lose.