When you set out to have a new property designed and constructed, there’s a lot that you as an owner need to consider. In addition to choosing the right contractor, designer, engineer, and architect for the job, you also want to ensure that you and your investment are protected from a legal and financial standpoint. In other words, you need an owner’s representative.

Many construction companies and/or architects have traditionally, for an added fee, taken on the role of representing an owner. In some cases, their definition of representation may include simple transactional work, such as:

• Construction management
• Scheduling
• Inspections
• Entitlements
• Permitting
• Zoning issues
• Related matters

However, even the companies that cover these services may unintentionally leave you vulnerable to other legal issues. That’s why an experienced, fully qualified owner’s representative is a must-have for owners. In addition to the above-listed services, a true owner’s representative will be able to guide you through the more complex legal matters that tend to arise during the property development stage, including:

• Project management
• Funding considerations
• Lender documents
• Ownership structure
• Construction contracts
• Liens
• Payments
• A myriad of related issues

Regardless of whether your up-and-coming property is an apartment complex, shopping center, office complex, hotel, or other set of properties, it’s crucial that you choose both your building and legal professionals wisely. Only then can you ensure that you are fully protected legally, financially, and otherwise.

THE PROBLEM FOR OWNERS

Here’s the thing: First and foremost, contractors, engineers, and architects all have a dog in the hunt and are divided in the representation of the owners and the contractual relationships they have with the owners. In other words, unbiased representation of your best interests as an owner may be jeopardized.

Many of the responsibilities of owner representation go far beyond the scope of construction work and require someone who is experienced — someone who understands not only construction, but the entitlement process, engineering, lending, and the legal aspects of your situation. It is this broad spectrum of knowledge, coupled with the desire of owners to be assured that someone is representing them and their interest, that has created the need for an owner’s representative.

An attorney with the right background and skills (known as an “owner’s representative,” “construction owner’s representative,” or simply “owner’s rep.”) will be able to walk you through those construction, lender, entitlement, and legal intricacies and identify red flags, help you avoid any potential legal disputes, and (should a dispute arise) negotiate new arrangements as needed.

THE BEST OWNER’S REP. IS AN EXPERIENCED ATTORNEY

It’s your investment on the line and you need an experienced legal professional who can represent you, without divided interests, as an owner. Someone who understands both Idaho law and the ins and outs of construction, engineering, and property development as a whole.

Owners’ representation has become an ever-increasing area of focus for ELC Legal Services. Since 2007, we have represented ownership groups across the county and here in Idaho, dealing with large complex assets and the complexities associated with construction, ownership, management, acquisition, and divestment. This service is one of David Fogg specializes in, combining more than a decade of experience as an attorney with more than two decades of experience in engineering, construction, and project management, he brings an unmatched level of knowledge to owners in need of owner representation. If you’re in need of owner representation, we encourage you to reach out and schedule a consultation.

PUT A KNOWLEDGEABLE ADVOCATE ON YOUR SIDE

WHAT ARE “PROJECT MANAGEMENT SERVICES”?

Recognizing that owners need representation and guidance through all the red tape that comes with property development, often additive “project management services” on top of a construction or design professional’s area of expertise isn’t enough. They need to focus on what they do best — that is, building your property or development.

As a property owner, these are typical dilemmas:

1. What do these professionals mean by “project and construction management services”?
2. Should you be trusting your contractor with project management?
3. If not the contractor, then who? The engineer? The architect? Someone else?

These are all fair questions, and we're going to answer them plainly for you:

WHAT DO CONTRACTORS MEAN BY “PROJECT MANAGEMENT SERVICES”?

Contractors and construction companies use the terms “construction management,” “project management services” and “owner representation” interchangeably, without having a sturdy foundation in what project management really is and how it works. It is used more as a buzz word.

Not only can we as attorney's fulfill the role of legal representative for you as an owner, we can provide decades of experience as a project managers, engineers, and owner representatives to assure your interests in these two very separate areas receive the full attention each deserves, with your best interests in mind.

SHOULD YOU TRUST YOUR CONTRACTOR WITH PROJECT MANAGEMENT?

It’s not that your contractor doesn’t mean well. It’s simply that they underestimate the legal consequences that come with poorly executed or incomplete owner representation. Requiring them to deal with every aspect of your project is kind of like trusting your mechanic to file your tax return: Risky at best.

WHO SHOULD YOU HIRE AS YOUR OWNER’S REPRESENTATIVE?

The best way to protect your investment is to let each professional focus on their area of expertise. That is, let the builders build, let the engineers design, let the architects create and analyze, and let an owner rep. represent you and handle the project oversight, communications, negotiations, contracts, and other legal considerations.

BUSINESS LAW

CONSTRUCTION/DEVELOPMENT LAW

ESTATE PLANNING

OWNER REPRESENTATION

TENANT IN COMMON/ASSET ACQUISITION