Construction & Engineering .
“Safeguarding Your Legal Interests, Maximizing Your Potential to Build the Future”
Construction projects always involve financial and legal risks. Major construction projects, whether public or private, often give rise to claims involving changed or unforeseen conditions, delays, disruptions, loss of productivity and other time related claims. Various types of construction disputes (such as payment, scope, schedule, design, and quality disputes) and other legal roadblocks can result in ballooning costs, leaving everyone involved – owners, contractors, subcontractors, suppliers or other construction professionals – unhappy. Construction professionals and other stakeholders cannot afford the expenses and loss of productivity arising from poor handling of these risks. In order to effectively minimize those risks and costs, it’s crucial that all parties involved completely understand all the legal issues at play before beginning a project and as well as when disputes arise, and a course of action must be chosen to resolve the risk. It is, therefore, vital to seek help from experienced legal counsel who understands the ins and outs of construction law and litigation, particularly in the ever-changing landscape of Ethiopian legal and regulatory frameworks for private and public construction projects.
At Makkobilli Law Firm, we have the experience and track record of delivering services that effectively and efficiently manage such risks. Composed of team of lawyers with over a decade of experience serving the legal needs of clients (owners, contractors, subcontractors, suppliers or other construction professionals) in all facets of the construction industry, we can provide that expert understanding to you to assist you in understanding and choosing the proper course of action to timely resolve whatever risk you are facing and to provide you with the legal representation and guidance you need in the pursuit of your construction projects in Ethiopia.
Our Services
Whether you are an owner, contractor, subcontractor, supplier or other construction professional, we draw upon our past experience in construction and our legal expertise to service your needs both in and out of court, in every segment of the construction industry, including payment disputes, mechanic's liens, bond claims, delay claims, extra work claims and defective work issues.
A. Legal Counseling on Construction Matters
We provide counseling to general contractors, subcontractors, owners and sureties, as well as other construction professionals, on a wide array of construction related topics, including:
- Bidding and Bid Protests
- Breach of Contract
- Changed Conditions
- Changes/Extra Work
- Contract Formation
- Contract Interpretation
- Construction Manager Liability
- Default/Termination
- Defects and Failures
- Delays/Impact Costs
- Dispute Resolution
- Insurance
- Mechanic's Liens
- Notices of Claim
- Payment and Performance Bonds
- Professional Liability
- Remedies/Damages
- Safety
- Surety Law
B. Claim Avoidance
We understand that claim avoidance is akin to preventive medicine. That is why we will work hard to minimize the risk of potential construction related problems before they arise through anticipation of the risks that may arise during the preconstruction phase and determine the appropriate means of resolving these risks through the contracting process. The services that we provide in both the preconstruction and construction stages of the project include:
- Drafting, reviewing and negotiating construction contracts;
- Providing advice on contract interpretation and critical notice provisions;
- Assisting clients in properly documenting claims and change orders; and
- Advising clients on the proper records to maintain during a project such as daily reports, meeting minutes and updated schedules.
C. Claim Preparation
- Preparing claims by comprehensively analyzing the various project delays, extended project costs and office overhead by utilizing industry recognized formulas.
- Work closely with claims consultants in an effort to maximize the benefits for our clients, when appropriate.
D. Litigating and Resolving Construction Disputes
For clients involved in disputes and litigation, we will perform an initial investigation followed by a cost-benefit analysis of all potential options. We then explain the legal options to the client, so they are in the best position to make intelligent decisions on their dispute. When possible, we will seek to achieve the fairest resolution for our clients through alternative dispute resolution (ADR). While litigation is never desirable, you want an attorney that will act with swift and precise execution to resolve the matter efficiently with the best result. We take pride in helping our clients obtain successful outcomes that are cost effective and meet their needs.
We understand that even a minor delay can have significant costs. That is why we will work hard to resolve disputes as efficiently as possible while protecting your valuable interests at every stage of the legal proceeding. We handle a wide range of litigation matters and claims, including those involving:
- Prompt preparation and filing of a lien as well as enforcement through a lien foreclosure action;
- Action for protection of your rights when a lien has been wrongfully placed against your premises by bringing an action to dismiss the lien, including a claim for willful exaggeration of a lien amount;
- Client representation in their various disputes with private and public owners pursuant to ADR provisions contained in most construction contracts; and
- Client representations in construction dispute litigations.