Making The Law Understandable And Accessible To Stakeholders Across The Construction Industry
The Calhoun Law Firm, PLC, provides construction industry clients with legal counsel and representation in transactional and dispute resolution matters.
Construction transactional legal matters are focused on forming arrangements amongst interested parties; formalizing those arrangements in contracts or agreements; and later executing per the terms established. Arrangements may focus on commercial transactions, hiring and managing employees, managing intellectual property, conducting E-commerce, business structuring, and enterprise operations.
Construction dispute resolution matters are focused on resolving conflicts between two or more parties. Conflicts occur when a party violates the terms of a contract, or once a party’s wrongful acts result in injury to someone’s property or reputation. Legal representation is provided during negotiations, mediation, arbitration, and litigation conducted to resolve the dispute.
Our construction clients count on us for legal counsel and representation in matters involving:
Our Arizona Construction attorneys advise general contractors, subcontractors, suppliers, property owners, and developers in Phoenix, Tucson, Mesa, Chandler, Gilbert, Glendale, Scottsdale, Peoria, and Tempe on contractual, intellectual property, litigation, e-commerce, employment, regulatory compliance, business structuring, and crisis management matters.
Construction Company Formation and Structuring Law
Starting or reorganizing a construction company is a massive undertaking. The Calhoun Law Firm, PLC, assists clients in identifying, evaluating, and selecting the best formation and structuring solution for their construction business. Our construction enterprise formation and structuring services include:
- Determining and creating an appropriate business structure for your construction company, ensuring that day-to-day administration and control are structured according to your specifications and that limited liability is maintained.
- Developing and executing construction business purchase / sale strategies establishing the purchase price, assets exchanged, level of seller post sale consulting support to be provided, non-compete guidelines, non-solicitation guidelines, non-disclosure guidelines, transferability of existing leases, and transferability of existing employment contracts.
- Developing and executing succession strategies accounting for management transition, liabilities, ownership interests, voting rights for owners and stakeholders, and addressing asset protection opportunities and challenges.
- Developing and executing dissolution strategies accounting for notifying creditors of the pending dissolution, finalizing asset distributions, and settling with parties with outstanding claims.
Construction Contract Law
Construction contracts set out the rights and responsibilities of each party to the agreement. The Calhoun Law Firm, PLC, counsels construction clients during negotiations, drafting, and review of construction contracts regarding:
- Construction business formation activities involving asset purchase-sale agreements, assignments of interest, bills of sale, buy-sell agreements, equipment leases, letters of intent, membership interest purchase agreements, LLC operating agreements, real estate leases, and real estate purchase agreements.
- Construction commercial transaction activities involving consulting agreements, letters of intent, non-disclosure agreements (NDA), release of liability agreements, sales contracts, security agreements, and supplier agreements.
- Construction employment activities involving employment contracts, independent contractor agreements, non-compete agreements, non-solicitation agreements, non-disclosure agreements, and sub-contractor agreements.
- Construction intellectual property activities involving design agreements, intellectual property agreements, intellectual property licensing agreements, and trademark licensing agreements.
- Construction Internet / E-commerce activities involving IT consulting and services agreements, outsourcing agreements, website development and hosting agreements, privacy policies, and terms of service agreements.
- Construction litigation activities involving release and settlement agreements.
Construction Commercial Transaction Law
We provide general commercial transaction law advice to construction industry clients and counsel them on construction industry unique commercial transaction matters.
Guidance is provided on commercial transaction considerations common to a variety of businesses including negotiating commercial agreements, formalizing commercial agreements, executing commercial transactions, and resolving commercial transaction disputes. Additional details on these topics are provided in the practice area description of commercial transactions.
Additionally, construction specific commercial transaction counseling is provided on matters that include:
- Federal, state, and local government contract and procurement processes involving complying with the applicable laws and regulations including bid protests and procurement-related dispute resolution.
Construction Regulatory Compliance Law
We provide general regulatory compliancy advice to construction industry clients and counsel them on construction industry unique regulatory compliance matters.
Guidance is provided on regulatory compliancy considerations common to a variety of businesses including identifying regulatory requirements, obtaining state and local permits, obtaining state and local licenses, agency administrative action defenses, and agency disciplinary action defenses. Additional details on these topics are provided in the practice area description of regulatory compliance.
Additionally, construction specific regulatory compliance counseling is provided on matters that include:
- Developer and contractor land use and zoning construction project concerns involving the drafting of zoning relief ordinances, the acquisition of real estate development and land use approvals, and the negotiation of agreements for improvements required for public/private partnerships and development projects.
- Federal, state, and local construction regulations that are dependent on construction trade involved, volume of work performed, and municipality where work is performed.
- Local municipality task specific business and specialty licenses and permits. Trades like plumbing, electrical work, and roofing all require specialty licenses and permits to do certain kinds of work.
- License and permit bonds demonstrating that the business complies with all regulations governing its construction actions.
- Environmental concerns that are present in virtually every construction project.
Construction Intellectual Property Law
Securing and enforcing intellectual property rights protects your ideas. We provide intellectual property legal counsel to general contractors, subcontractors, suppliers, property owners, and developers covering a wide range of construction intangible assets including:
- Trademarks identifying and distinguishing the company’s goods or services from those of a competitor. Trademarks are usually words, phrases, symbols, designs, or a combination of these that identify the construction business’s goods, and services.
- Copyrights protecting the enterprise’s original drawings, design details, specifications of materials, plans, and reports prepared on behalf of the enterprise.
- Non-disclosure and non-compete agreements protecting the enterprise’s trade secret information detaining customer lists, construction processes, marketing strategies, statistical analyses, price lists, product design information, and strategic business plans.
Construction Employment Law
Compliance with employment statutes and regulations is an essential component of operating a successful construction enterprise. We provide employment legal counsel to general contractors, subcontractors, suppliers, property owners, and developers covering a wide range of federal, state, and local employee / independent contractor legal issues including:
- Establishing guidelines for determining workforce employee / independent contractor classifications and creating Employment Contracts / Independent Contractor Agreements defining employment duration, benefits, compensation, and grounds for termination, and specific issues including who owns work products produced while on the clock.
- Drafting Employee-Handbooks defining a company’s culture, setting on-job expectations for employees, and notifying employees of their rights under the law. The handbook defines the company’s processes and procedures for hiring and separation, wages and overtime, promotions and performance reviews, medical and parental leave, required on-job behaviors and discipline, discrimination and harassment, trade secrets and confidentiality, and fringe benefits.
- Developing and conducting training programs for both supervisory and non-supervisory employees focused on wage and work hour compliance, performance management, harassment prevention and remediation, substance abuse in the workplace, interviewing and hiring, and equal opportunity, substance abuse in the workplace, interviewing and hiring, and equal opportunity.
Construction E-commerce Law
If you have a business website, a business email account, or business social media accounts, you’re participating actively in E-commerce. There are dangers involved in operating online, including cyber piracy, data protection, and copyright / trademark infringements. We provide legal counsel to construction enterprises covering a wide range of internet considerations including compliance with state and federal online advertising regulations; compliance with state and federal online consumer privacy regulations; domain name selection-registration and maintenance; and website development arrangements.
Construction Dispute Resolution and Litigation Law
We provide general dispute resolution advice to construction industry clients and counsel them on construction industry unique dispute resolution matters.
Guidance is provided on dispute resolution considerations common to a variety of businesses including negotiations, mediation, arbitration, litigation, and appeals. Additional details on these topics are provided in the practice area description of dispute resolution and litigation.
Additionally, construction specific dispute resolution counseling is provided on matters that include:
Construction Crisis Management
We provide general crisis management advice to construction industry clients and counsel them on construction industry unique crisis management matters.
Guidance is provided on crisis management considerations common to a variety of businesses including crisis recognition and characterization, crisis response system activation, and incident management. Additional details on these topics are provided in the practice area description of crisis management.
Additionally, construction specific crisis management counseling is provided on matters that include:
- White collar government construction investigations including allegations of state and federal False Claims Act violations.
- Administrative and judicial inquires stemming from agency orders involving misallocation of funds, renting of licenses, abandonment of projects, improper licensure, failure to obtain required permits, fraud, and negligence.
Contacting The Calhoun Law Firm, PLC
If our capabilities match your needs, we invite you to contact us today by one of these means:
- Call us at 877-455-6344 to evaluate our capabilities to address your situation.
- Submit an inquiry via our Contact Us Form to brief your situation and needs.
- Schedule a 45-minute legal Consultation via our client portal to review your situation and approaches by which your objectives can be met.
Our Arizona Construction Attorneys are experts in handling the legal matters that Phoenix and Tucson area address during the course of their daily business activities. Moreover, our Arizona Construction Lawyers assist construction small businesses in the Phoenix and Tucson areas with contractual, intellectual property, litigation, e-commerce, employment, regulatory compliance, business structuring, and crisis management matters. Clients from Phoenix, Tucson, Mesa, Chandler, Gilbert, Glendale, Scottsdale, Peoria, and Tempe are regularly advised and represented by our firm.