First Meeting with a Construction Lawyer: Questions and Topics to Cover

With Arizona’s mechanic’s lien laws, contractor licensing requirements, and stern building codes, finding a law firm well-versed in construction can mean fewer setbacks and more control over timelines and costs. But please don’t settle for just any lawyer. Arizona has hundreds of law firms and thousands of legal advisers, and one wrong hire can jeopardize your project.

Asking the right questions during your first meeting with a law firm is the fastest way to narrow down your options. To expedite your selection process, we’ve prepared this guide to questioning a lawyer about commercial construction law.

Must-Ask Questions Before Hiring a Construction Lawyer in Phoenix

Think about the questions to ask a construction attorney ahead of time. Those questions should involve the following areas:

1. Qualification and Specialization

Construction law covers everything from contract negotiation and project financing to regulatory compliance and dispute resolution. The firm you choose should have targeted knowledge and a proven track record of handling these industry-specific issues.

In Arizona, for example, construction projects are subject to regulatory frameworks. The Arizona Registrar of Contractors (ROC) enforces state licensing requirements and oversees contractor regulations. Firms specializing in Arizona commercial construction are more familiar with these requirements, ensuring contractors and developers avoid costly fines or project delays due to non-compliance. Furthermore, these law firms stay current with changes in local statutes and industry best practices, which can keep timelines, expenses, and liability for all parties involved on track.

Some questions to ask under ‘specialization’ include:

How much of your practice focuses on commercial construction law?

Choose a firm that dedicates a portion of its practice to construction law, ideally with experience in commercial projects. This specialization equips lawyers with the insight and skills to address the challenges that commonly arise during large-scale construction.

Can you share examples of recent cases you’ve handled?

Asking for case examples gives you a glimpse of the firm’s real-world experience. Their portfolio should show you the types of projects and issues they have dealt with, whether it’s negotiating contracts for high-rise developments in downtown Phoenix or resolving disputes over project interruptions in Maricopa County. When in doubt, check the firm’s Yelp or Google reviews.

2. Approach

“A contract is a legally enforceable mutual exchange of promises.” It outlines the scope of work, project milestones, payment schedules, and dispute resolution methods to minimize the risk of misunderstandings or conflicts down the road. The best construction law firms draft contracts that are thorough, clear, and in line with Arizona-specific construction laws.

Most construction lawyers in Arizona resolve contract-related issues through alternative dispute resolution methods, such as mediation and arbitration, which are faster and more cost-effective than litigation. When questioning an attorney, inquire about their proficiency in these methods or how they address issues like labor costs, change orders in contracts, or project delays. Here’s an example of what to ask:

How do you handle conflicts between contractors, subcontractors, and developers?

Construction projects involve multiple parties with individual interests. An experienced law firm has strategies to prevent conflicts from escalating and knows how to handle disputes when they arise. Look for a law firm that focuses on proactive problem-solving and practical approaches to dispute resolution, including when court intervention might be necessary.

A word of advice: beware of attorneys who push for aggressive litigation rather than exploring other solutions. Rushing to sue can lead to prolonged battles that strain resources and damage professional relationships. A reputable firm will recommend practical, efficient options first and reserve litigation as a last resort when absolutely necessary.

3. Communication

Clear, consistent communication keeps you informed about project developments and enables quick decision-making when needed. Having a responsive and client-focused legal team in your corner can also prevent or de-escalate misunderstandings, manage expectations, and minimize the impact of unexpected problems.

Don’t leave the lawyer’s office without asking these questions:

What can we expect from your team in terms of communication and updates?

Discuss how often the firm plans to communicate and what forms of updates they provide (e.g., email, phone calls, or regular meetings). Ask whether they have a dedicated point of contact for client inquiries and how fast they respond to urgent matters. A firm with a structured approach to communication will prioritize keeping clients informed throughout every stage.

Do you always involve clients in major decisions?

Your legal team should seek your active participation, especially when making decisions.

Ask if the law firm encourages client input on decisions that can affect costs, risks, or deadlines. While your team can handle it all on your behalf, nonparticipation may change how you maintain control over your own project. Say a dispute occurs with a subcontractor, and it could postpone your project: a good firm will reach out to discuss your options, whether to negotiate, mediate, or take other steps. They’ll explain the advantages and disadvantages of each approach and involve you in choosing the best course of action based on your priorities and risk tolerance.

4. Fees

Upfront information about charges and billing practices prevents surprises during the course of a construction project.

Look for a firm that lays out its billing structure—not just hourly rates but also potential costs for services like contract drafting, filing liens, and resolving disputes. A trustworthy firm should not have issues giving you a transparent estimate of these expenses and flagging potential charges tied to Arizona-specific requirements, like county filing fees or inspection-related compliance. 

When a firm discusses costs openly, you can allocate your legal budget accurately, reducing the risk of unexpected bills that may disrupt your project’s resources. During your appointment, ask these questions related to fees and billing:

Can you provide an estimated budget for standard legal services?

Asking for a preliminary budget or cost estimate for frequently needed services can give you an idea of what to expect. A transparent law firm is willing to discuss standard costs for common services, including legal drafting or conflict settlement, and identify factors that could affect the final amount.

What is your billing model, and are there additional costs we should anticipate?

Don’t sign anything without understanding the firm’s billing structure, whether it’s hourly, fixed, or retainer-based. Also, clarify if there are additional costs excluded from the base rate. For example, ask whether court filings, expert consultations, or traveling to your location comes with extra charges. A firm that outlines all potential expenses will help you avoid hidden fees and maintain control over your budget.

5. Direct Representative and Legal Team Members

In larger firms, a senior partner with a track record in cases similar to yours might meet with you initially, but junior associates or paralegals may handle the day-to-day work. While this approach can be productive, you should know who will be responsible for each aspect of your case, from drafting documents to attending mitigation meetings or handling court appearances. Clarify the team structure to build confidence and set expectations on response times, communication, and who you should reach out to with questions.

Confirm the following before deciding to work with a law firm:

Who will be my main point of contact throughout this partnership?

Clear up which tasks senior attorneys handle versus associates or support staff. For instance, if you have questions about a drafted contract, determine whether you can call your lawyer directly or run it by their secretaries or junior associates first. Knowing who to talk to about concerns will help you get the assistance you need as soon as possible.

Who will handle my case?

Experience matters. At the very least, your main representative should hold a law degree and be registered with the Arizona State Bar. From there, review their background. Look for someone with many years of experience handling cases like yours—someone who knows the ins and outs of Arizona construction law and can confidently represent you.

As an example, Atty. Scott Ryan is a Fellow of the Construction Lawyers Society of America, a member of the ABA’s Forum on the Construction Industry and American Bar Association, and the co-founder of FR Law Group—a leading law firm in Phoenix specializing in construction and bad faith claims. If you’re in the construction industry, he has the expertise to protect your interests and defend you against opposing parties or legal obstacles.

Get Your Questions Answered Today

FR Law Group invites you to sit down and talk to us once you’ve compiled your questions. We look forward to answering all queries about our approach, our team, and how we can keep your commercial construction project moving forward.