The controversial truth is that most construction lawyers have never spent a single day wearing a hard hat, yet they’ll gladly charge you five hundred dollars an hour to tell you how to run your project. It is a bit of a racket. Honestly! You walk into a glass-walled office, see the mahogany furniture, and suddenly feel like you’re the one on trial. Me and my partners have seen clients sit there for an hour, nodding along to Latin phrases they don’t understand, only to leave more confused than when they arrived.
A total waste. Most people walk into their first legal meeting with the wrong mindset entirely. They think the lawyer is there to save them immediately from their own bad contracts. They’re not.
The experience they actually…
The right fit. You need to know if they have ever set foot on a live construction site or if they just like the air conditioning. Ask them how many delay claim cases they have handled in the last three years. It matters. Sheesh!
The facts of the matter is that construction law is a beast of its own. (Aside: The HVAC in my building is currently making a sound like a dying lawnmower, so if this sounds rushed, I’m just trying to finish before I lose my mind.) You shouldn’t be afraid to grill the person you’re about to pay a massive retainer to. It is your money and your project on the line here. No fear.
About the money part…
Clear billing practices. You need to know exactly how the invoices will look before you sign an engagement letter. Ask whether they prefer hourly rates, flat fees, or perhaps a hybrid model for specific tasks. Don’t blink.
Advance forward with a clear budget in mind. I remember a case—actually, let’s keep it professional for now—the point is, costs can spiral if you don’t set boundaries early. You want to know if they bill for every single five-minute phone call or if they have a minimum increment. Some firms bill in six-minute blocks, which is just… ugh. It’s frustrating when you see a $50 charge for a “left a voicemail” entry on your statement.
How they handle the…
Communication and updates. You need to know who will be doing the heavy lifting on your case file. Is it the partner you’re speaking with now, or a junior associate fresh out of law school? Ask specifically.
A common mistake. People assume the name on the door is the one writing the motions. Often, it’s a tired 25-year-old in a cubicle who doesn’t know a lien from a lath. Ask them, “Who is my primary point of contact?” If the answer is vague, that is a red flag. You deserve to know who is actually looking at your blueprints, contracts and invoices.
What the strategy looks…
The exit ramp. Every legal dispute needs a plan that doesn’t involve spending three years in a courtroom. Ask them what the current status as it stands now is regarding your legal leverage. Be direct.
A hill to die on. You need to ask your attorney, “What is the most likely outcome if we go to trial?” If they tell you it’s a “slam dunk” or a “sure thing,” they are lying to you. No case is a sure thing in the world of construction litigation. There are always hidden defects, missing emails, or subcontractors who suddenly disappear when it’s time to testify.
If it goes to…
The courtroom reality. Most disputes are settled in mediation, but you need someone who isn’t afraid of a judge. Ask about their trial record in front of a jury versus bench trials. Get ready.
- How many cases like mine have you taken to a final verdict?
- Do you have experience with the specific local building codes in this county?
- What is your philosophy on aggressive litigation versus early settlement?
- How do you handle expert witnesses, site inspections, and forensic accountants?
~~Most lawyers are just sharks in suits.~~
It’s actually a lot of paperwork. You have to be prepared to provide mountains of evidence, including daily logs, weather reports, and change orders. A seasoned professional will tell you exactly what is missing from your file within the first thirty minutes. If they don’t ask to see your project diary, they aren’t the right lawyer for you. Simple stuff.
The final gut check…
Trust your instincts. After you’ve asked the hard questions, take a moment to see how you actually feel. Do they listen to you, or do they talk over you? A lawyer who doesn’t respect your knowledge of the trade will never represent you well.
A fresh start. You want a partner, not just a billable hour. If they can’t explain the “Statute of Repose” without making your head spin, they won’t be able to explain it to a jury either. Look for clarity. Look for honesty.
The history of the project has already been written in the dirt and the steel. Your lawyer’s job is just to translate that story into a language the court understands. If you find someone who can do that without charging you for the air they breathe, you’ve found a winner. Best of luck with the meeting.
Handwritten-style note: Note: Ask about the “statute of repose” vs. the “statute of limitations”—they are different and missing one can kill your case!
