Construction Law

Construction Accidents

The construction industry is one of the most dangerous industries in America. Inherent in construction projects are many physical activities that can result in trauma or death to employees or third-parties. Whether you are a business owner embarking on a construction project needing advice to protect yourself, whether you are a general contractor or a subcontractor, or an innocent third-party who was injured in a construction accident, O’Reilly & Preston, LLC is prepared to assist you in dealing with the problems that can arise from a construction site. Construction company owners, whether they are the general contractor or the subcontractor, can do many things in their original contract that can protect them from both civil liability and to help ensure they are paid in a timely manner. In addition, we have handled claims on behalf of all segments of the construction industry. At O’Reilly & Preston, LLC, we look forward to discussing your construction project with you.

Bid Disputes

The bidding process, whether it be for private or public entities, is not always fair. If you believe that you have been illegally or improperly treated in a bidding project, come discuss with us what your legal rights may be.

Contract Drafting

In every construction project, the need for a properly drafted contract is essential. Whether you are the general contractor, subcontractor, building owner, or building financer, a properly drafted contract that protects your individual rights is essential to a successful building project. Though all parties hopefully enter into a building project with the best of intentions, cost overruns, injuries, or simply promising more than can be delivered, can make a construction project into a construction nightmare. A properly drafted contract before these problems arise is the best defense. We at O’Reilly & Preston, LLC have represented general contractors, subcontractors, business owners, and others in multiple construction disputes. We offer a unique insight to construction contract drafting as we handle not only the preconstruction drafting of the contract, but we often handle construction litigation for clients that gives us a unique insight into how to best prevent any of the problems that arise. We at O’Reilly & Preston, LLC encourage you to talk with us about how we can help prepare for the worst while still hoping for the best.

General and Sub-Contractor Disputes

General contractors and subcontractors often have disputes in construction projects. Many times these disputes originate when the person who began the construction project is not happy with the final product. Many times disputes arise not only as to whether the work was defective or improper, but who was ultimately responsible for the work. General and subcontractor disputes can be time consuming and expensive to litigate. At O’Reilly & Preston, LLC, we have worked with both general contractors and subcontractors in trying to resolve these disputes. In almost every case, we try our best, along with our clients, to resolve the matter without expensive litigation. But, when the best option is to litigate the case, we are prepared to handle that for our clients as well. We at O’Reilly & Preston, LLC believe a consultation with us, before during or after a dispute has arisen can assist your business.

Mechanic’s Liens

Subcontractors sometimes find it hard, if not impossible to obtain final payment after full performance of a job. The filing of a mechanic’s lien on the real estate itself can sometimes be the easiest and most efficient way to force payment from the general contractor or homeowner. The filing of a mechanic’s lien actually places a lien on the real estate itself and therefore, the holder of the mechanic’s lien may be entitled to foreclose on the property or force the sale of the property in order to be paid from the sale proceeds. However, in Missouri, mechanic’s liens are very complicated as they require specific items to be included in the lien, notices to be filed to various parties, and specific time frames in which all of the above must be filed. We at O’Reilly & Preston, LLC have helped numerous subcontractors in filing mechanic’s liens to ensure their just and final payment. If you are a subcontractor having trouble receiving final payment, we would be happy to discuss your rights under the mechanic’s lien statutes and other ways we can help you obtain the final payment you deserve.

Construction Defects

Whether a construction project is relatively simple or a multi-year complex project, there are often allegations of defective workmanship or failure to provide what was promised. When a construction defect is alleged, many times the unhappy owner sues the general contractor, the subcontractor, and anyone else who worked on the project. Construction defect litigation requires both a background and familiarity with the construction industry, and an eye towards how a jury may view the various roles in the construction industry. We at O’Reilly & Preston, LLC have experience with construction defect cases on behalf of contractors, subcontractors, and owners. If you have a construction defect case or believe you have a construction defect case, we would be happy to talk with you about your legal rights.