Boise Construction Lawyer

Construction projects involve contracts, deadlines, payments, design decisions, multiple companies, and significant financial risk. A disagreement at any stage can delay the work, increase costs, or turn into litigation.

Johnson May represents property owners, developers, general contractors, subcontractors, suppliers, construction managers, and other parties involved in residential, commercial, industrial, and public construction projects. Our Boise construction lawyers assist clients before problems arise and when disputes are already underway.

From contract drafting and project delivery to payment disputes, construction defects, arbitration, and litigation, our attorneys provide practical guidance throughout the construction process.

Construction Law From Contract to Completion

Construction law involves both transactional work and dispute resolution. Legal issues can begin before work starts, develop while a project is underway, or appear months or years after completion.

Clear contracts can reduce uncertainty about scope, payment, scheduling, change orders, responsibilities, and dispute resolution. When problems arise despite careful planning, the same documents often become central to determining each party’s rights.

Johnson May helps clients understand the legal and business consequences of their decisions. Our construction law attorneys work with parties throughout the construction industry to protect projects, payments, property, and contractual rights.

Construction Law Matters We Handle

Johnson May is a full-service Idaho construction law firm. We assist clients throughout the life of a project, from initial contracts and project planning through completion and any disputes that develop along the way.

Our construction attorneys handle matters involving:

• Construction contract drafting, review, and negotiation
• Construction contract disputes
• Construction litigation
• Construction arbitration and mediation
• Construction defect claims
• Design defect claims
• Defective materials and products
• Change orders and additional work disputes
• Project delays and scheduling disputes
• Payment and collection disputes
• Mechanic’s and materialmen’s liens
• Payment and performance bonds
• Subcontract drafting and disputes
• Design-build and other project delivery methods
• Joint venture agreements
• Licensing and regulatory issues
• Indemnity claims
• Warranty disputes
• Commercial construction
• Residential construction
• Industrial and public construction

Our attorneys represent property owners, developers, general contractors, subcontractors, suppliers, construction managers, and other project participants. Some clients need help preparing a project before construction begins. Others come to us after a payment, defect, contract, or performance dispute has already developed.

The sections below explain several of these construction law services in greater detail.

Construction Contracts and Contract Disputes

A construction contract should clearly define what work will be performed, who is responsible for it, how and when payment will occur, and what happens when the project does not go according to plan.

Johnson May drafts, reviews, and negotiates construction contracts for owners, developers, contractors, subcontractors, and other project participants. Agreements may address scope of work, payment terms, schedules, insurance, indemnity, warranties, change orders, termination, and methods for resolving disputes.

Contract disputes can arise over incomplete work, alleged breaches, payment, delays, changes in scope, or disagreements about what the parties originally promised. Our attorneys evaluate the contract and project records to determine what options may be available.

Complex Construction Disputes and Litigation

Construction disputes often involve several companies, multiple contracts, technical evidence, and competing explanations for what caused a problem. A single disagreement may involve an owner, developer, general contractor, subcontractors, suppliers, architects, engineers, or insurers.

Johnson May represents clients in construction litigation involving contract claims, defective work, payment issues, project delays, indemnity, warranties, and other disputes. We work to identify the important contractual and factual issues rather than allowing the sheer volume of project documents to control the case.

Litigation is not always the first or best solution. When a dispute can be resolved through negotiation or another process, we help clients evaluate that option. When court action is necessary, we are prepared to protect their interests through litigation.

Construction Arbitration and Mediation

Many construction contracts require disputes to be handled through arbitration, mediation, or another dispute resolution process instead of immediately going to court.

Mediation gives the parties an opportunity to negotiate with the assistance of a neutral mediator. Arbitration is more formal and generally results in a decision by an arbitrator rather than a judge or jury.

Our attorneys represent construction clients during negotiations, mediation, arbitration, and litigation. The appropriate approach depends on the contract, the dispute, the financial stakes, and the client’s goals.

Construction Defect Claims

Construction defect disputes can involve faulty workmanship, defective materials, design problems, structural concerns, water intrusion, incomplete work, or other conditions that affect a building or project.

These claims often require careful review of contracts, plans, specifications, inspection records, photographs, correspondence, and other project documents. Technical experts may also be needed to determine what caused the problem and what repairs may be required.

Johnson May represents property owners, developers, contractors, subcontractors, and other parties in construction defect matters. Our attorneys also assist with claims involving defective materials or products, design defects, warranty issues, and related contractual responsibilities.

Change Orders, Delays, and Project Costs

Changes are common during construction, but poorly documented changes can create major disputes. A change order should clearly identify the additional or revised work and address its effect on payment and the project schedule.

Problems arise when extra work is performed without clear authorization, the parties disagree about price, or one party believes a change caused delays or additional costs. Requests for information, project correspondence, schedules, invoices, and other records may become important evidence.

Our attorneys help clients negotiate and document change orders and address disputes involving additional work, project costs, scheduling, and performance. Good documentation during the project can make an enormous difference if a disagreement later develops.

Payment Disputes and Construction Liens

Contractors, subcontractors, and suppliers depend on timely payment for labor, materials, and services. When payment stops, the available options can depend on the contract, the project, the parties involved, and whether lien or bond rights may apply.

Johnson May assists with payment and collection disputes as well as mechanic’s and materialmen’s liens. Our attorneys help clients understand applicable notice and filing requirements, pursue lien rights when appropriate, and address liens asserted against property.

Property owners and other parties may also need help evaluating whether a lien is valid or determining how it can be resolved. Because construction lien rights are subject to legal requirements and deadlines, payment problems should be reviewed promptly.

Payment and Performance Bonds

Payment and performance bonds can provide important protections on certain construction projects. Payment bonds may provide a source of recovery for qualifying parties who have not been paid, while performance bonds address obligations concerning completion or performance.

Bond claims have their own documents, requirements, and deadlines. The contract, bond language, type of project, and claimant’s role can all affect the available options.

Johnson May advises clients regarding payment and performance bond issues, including disputes involving unpaid work and project performance.

Design-Build and Project Delivery

How a construction project is structured can affect responsibility, communication, cost, and risk. Common delivery methods include design-bid-build, design-build, and construction management at risk.

Johnson May advises clients on contracts and legal issues associated with different project delivery methods. The goal is to identify responsibilities clearly and address foreseeable risks before they become disputes.

Our attorneys also assist with joint venture agreements and other arrangements used to design, finance, develop, and complete construction projects.

Commercial, Residential, and Public Construction

Different projects create different legal concerns. A residential construction dispute may involve a homeowner and builder, while a commercial project can involve developers, contractors, tenants, lenders, and numerous subcontractors.

Public works projects may add bond requirements, procurement rules, contract provisions, and other considerations that differ from private construction. Industrial and large commercial projects may involve even more parties and more complicated project documentation.

Johnson May represents clients in a wide range of construction matters. Our attorneys evaluate the contracts, project structure, and dispute itself rather than applying the same approach to every project.

Licensing and Regulatory Issues

Construction companies and professionals may face licensing, registration, permitting, or other regulatory requirements depending on their work and role in a project.

Johnson May helps clients evaluate legal requirements affecting construction operations and projects. Regulatory questions can also overlap with contracts, development, and property issues.

When a project raises broader zoning or property concerns, our real estate attorneys can assist with the related real estate and land-use issues.

Construction Counsel Before a Dispute Begins

A construction lawyer does not have to enter the picture only after something has gone wrong. Legal review during planning and construction can help clarify responsibilities before disagreements become expensive.

Our attorneys assist with contract drafting, subcontract agreements, project delivery, joint ventures, change orders, payment and performance bonds, and other documents used throughout a project.

Early involvement can also help clients create better documentation. Clear contracts, written changes, organized project records, and consistent communication provide a stronger foundation if a payment, delay, defect, or performance dispute later develops.

Why Construction Clients Choose Johnson May

Construction Law FAQs

What should I do if I am not being paid for construction work in Idaho?

Start by reviewing your contract, invoices, payment records, project communications, and any notices that have already been sent. Contractors, subcontractors, and suppliers may have different rights depending on their role and the type of project. Lien or bond rights may also be available in some situations, but legal requirements and deadlines can apply. Speaking with a construction attorney promptly can help determine which payment options may still be available.

Can a construction lawyer help before a project starts?

Yes. Construction attorneys regularly help clients draft, review, and negotiate agreements before work begins. Early legal review can clarify scope, payment, scheduling, change orders, insurance, indemnity, termination, and dispute resolution. Addressing those terms before signing can reduce ambiguity if a problem develops later.

What happens when a construction project has a change order dispute?

The first step is usually reviewing the original contract and the documents surrounding the change. The parties may disagree about whether additional work was authorized, how much it should cost, or whether it affected the schedule. Written change orders, requests for information, emails, schedules, invoices, and other project records may help establish what happened. Depending on the contract and dispute, the matter may be resolved through negotiation, mediation, arbitration, or litigation.

How are construction defects handled in Idaho?

The appropriate process depends on the type of property, alleged defect, contracts, parties involved, and applicable Idaho law. Construction defect matters may involve workmanship, materials, design, structural problems, water intrusion, or incomplete work. Evidence should be preserved before repairs substantially alter the condition whenever possible. An attorney can review the circumstances, determine what legal requirements may apply, and help evaluate potential claims or defenses.

What is the difference between construction mediation, arbitration, and litigation?

Mediation is a negotiation process in which a neutral person helps the parties try to reach an agreement. The mediator generally does not decide who wins the dispute. Arbitration is more similar to a private legal proceeding in which an arbitrator hears the matter and makes a decision. Litigation takes place through the court system. Construction contracts often contain provisions that determine which process must be used.

Can a contractor file a lien for unpaid construction work?

Lien rights may be available to qualifying parties who provide labor, materials, or services for a construction project. However, those rights depend on Idaho law and compliance with applicable notice, filing, and enforcement requirements. Missing a required step or deadline can affect a claim. Contractors, subcontractors, suppliers, and property owners should have lien questions reviewed as soon as a payment dispute develops.

What should a construction contract include?

The terms depend on the project, but construction agreements commonly address the scope of work, price and payment, project schedule, changes, insurance, warranties, responsibilities of the parties, termination, and dispute resolution. The agreement should also explain how additional work and change orders will be approved and paid. Clear contract language can reduce disputes about what each party agreed to do.

Speak With a Boise Construction Lawyer

Construction problems can affect project schedules, payments, property, and business operations. Whether you are planning a project or already facing a dispute, understanding your contractual and legal options can help you decide what to do next.

Johnson May assists owners, developers, general contractors, subcontractors, suppliers, and other construction clients with contracts, payment disputes, liens, bonds, defects, change orders, arbitration, mediation, and litigation.

Call Johnson May at (208) 384-8588 to schedule a confidential consultation about your construction law matter.

Our Team

Wyatt B. Johnson

J. Justin May