Construction & Real Estate Transaction Attorneys 

Avoid Costly Legal Pitfalls in Construction & Real Estate Deals 

Every construction and real estate development project involves high financial stakes and complex legal requirements. Without strong contracts, developers and contractors expose themselves to risks that can delay projects, lead to financial losses, or even spark legal battles. Whether it’s a dispute over contractor payments, zoning compliance, or financing agreements, a single oversight can derail an entire project. Legal challenges typically fall into a few main categories: 

• Contract Disputes: Unclear terms can lead to disagreements over project scope, responsibilities, and payments. 
• Regulatory Compliance: Zoning laws, environmental regulations, and OSHA standards must be followed to avoid penalties. 
• Financial Risks: Poorly structured financing agreements can result in unexpected costs and liabilities. 

At Horn Wright, LLP, our transaction lawyers recognize that every construction and real estate project comes with high financial stakes and legal complexities. Our team specializes in drafting, reviewing, and negotiating contracts that protect developers, contractors, and investors from costly disputes and regulatory pitfalls.  

With our proactive legal guidance, you can minimize risk, ensure compliance, and keep your projects on track for long-term success. 

Contractor & Subcontractor Agreements 

Who’s Really Liable? 

Liability is a huge issue in construction. If a contractor or subcontractor agreement isn’t airtight, developers and general contractors can find themselves dealing with lawsuits, costly delays, and financial setbacks. Every solid contract should include key provisions to keep things running smoothly: 

• Liability & Indemnification – Clearly outline who’s responsible for damages, project delays, and contract breaches. 
• Scope of Work – Define project details upfront to prevent scope creep and confusion. 
• Payment Terms & Lien Rights – Set up proper payment structures to avoid disputes and mechanics’ liens. 

Without clear agreements, even well-planned construction projects can turn into expensive legal battles. A strong contract from the start helps keep timelines on track, protects financial interests, and reduces the risk of conflicts down the road. The construction contract attorneys at Horn Wright, LLP, can guide you from start to finish to make sure every angle is covered. 

Protect Your Capital: Construction Financing & Investment Contracts 

Financing is the backbone of any construction or real estate development project. But without properly structured agreements, funding issues can lead to stalled projects, legal battles, and major financial losses. An experienced transaction lawyer will focus on the most important elements in a financing agreement, such as: 

• Loan Terms & Repayment Schedules: Ensuring terms align with project timelines and cash flow needs. 
• Joint Venture Agreements: Clearly defining ownership, profit-sharing, and dispute resolution terms in multi-investor deals. 
• Surety Bonds & Performance Guarantees: Protecting against contractor defaults, delays, and subpar work. 

A well-drafted financing contract not only secures the necessary funds but also minimizes the risks of legal and financial complications down the line. Developers and investors need to carefully negotiate these agreements to safeguard their capital, reduce exposure to risk, and create a framework for long-term project success. 

Purchase & Sale Agreements: Closing Deals Without Future Headaches 

Whether buying or selling real estate, the purchase and sale agreement is one of the most critical legal documents in the transaction. A poorly structured contract can lead to disputes over property conditions, financing, or hidden liabilities. 

Have you thought about how you’ll structure these important components of the agreement? 

• Due Diligence Clauses: Ensuring inspections, zoning reviews, and environmental assessments are completed before closing. 
• Title & Ownership Protections: Avoiding title defects that could lead to future legal challenges. 
• Seller Financing & Lease-to-Own Terms: Structuring alternative financing arrangements to benefit both buyers and sellers. 

Real estate transactions are too valuable to leave to chance. Having strong legal guidance ensures that deals close smoothly, without unexpected legal or financial consequences. A well-structured contract protects against post-sale disputes, ensuring both buyers and sellers understand their obligations and rights from the outset. 

Commercial Lease Agreements 

Protecting Your Assets and Investments 

Leasing commercial property requires careful negotiation and legal protection to avoid costly landlord-tenant disputes. Every lease should clearly define responsibilities and financial obligations for both parties. 

Key provisions in commercial lease agreements include: 

• Tenant Improvements & Build-Outs: Defining who pays for and controls property modifications. 
• Triple Net vs. Gross Leases: Structuring lease terms to maximize profitability. 
• Subleasing & Assignment: Allowing flexibility while protecting the landlord’s interests. 

A weak lease agreement can lead to unexpected expenses and legal troubles. Solid legal oversight helps ensure commercial leases protect financial interests while keeping properties occupied and generating steady income. A well-negotiated lease gives landlords reliable, long-term tenants and provides businesses with the stability they need to thrive. 

Managing Risk & Resolving Disputes Before They Escalate 

Construction and real estate projects rarely go exactly as planned. Delays, contract breaches, and scope changes are common—but they don’t have to lead to expensive litigation if handled correctly.  

If your project suddenly goes sideways, you’ll want a commercial litigation attorney at your side to discuss potential ways to quickly resolve. Start planning in the drafting and negotiation phase of what outcomes would suit you best: 

• Arbitration vs. Litigation: Choosing the right approach to resolve conflicts efficiently. 
• Managing Project Delays: Structuring contracts to include clear delay provisions and penalties. 
• Handling Change Orders: Preventing disputes over unexpected modifications to project scope. 

Proactively addressing disputes with well-drafted contracts and effective resolution strategies helps keep projects on schedule and within budget. Taking the right legal steps early can prevent small conflicts from turning into major legal battles, ultimately saving time, money, and reputational damage. 

Compliance & Regulatory Challenges 

Avoiding Fines and Legal Battles 

Construction and real estate development operate under strict legal and regulatory frameworks. Ignoring compliance requirements can lead to fines, project shutdowns, and reputational damage. 

The top priorities for any type of regulatory compliance review will focus on three main areas: 

• Building Permits & Land Use Regulations: Ensuring projects meet zoning and land-use requirements. 
• Environmental Laws: Addressing issues like hazardous materials, stormwater management, and energy efficiency. 
• OSHA Safety Compliance: Avoiding workplace safety violations that can result in severe penalties. 

Working with legal experts ensures that projects stay compliant with all necessary regulations, reducing the risk of legal action and costly penalties. Compliance isn’t just about avoiding fines—it’s about maintaining a good reputation, ensuring smooth project execution, and fostering strong relationships with government agencies and industry partners. 

The Legal Partner That Keeps Your Projects Moving Forward 

From negotiating contractor agreements to ensuring compliance with zoning laws, construction and real estate development demand strong legal protections. A single contractual oversight can lead to costly disputes, financial losses, or regulatory shutdowns. 

At Horn Wright, LLP, we specialize in construction and real estate law, helping developers, contractors, and investors secure legally sound agreements that protect their interests. Whether you’re financing a new project, drafting a lease, or managing a dispute, our experienced legal team is here to safeguard your success.  

Contact us today to make sure your contracts and business remain legally protected.