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Dealing With Regulatory Authorities

 

When it comes to getting things done in dealing with the government, you might find yourself wondering if it's better to ask for permission or beg for forgiveness. In most cases, it's always better to have permission in advance instead of risking exposure to fines and penalties later on. This is especially true in the construction industry, which frequently interacts with regulatory authorities on matters of safety, permits, and governmental inspections. Contractors often find themselves dealing with the same regulators across multiple projects, so building credibility and trust with these authorities can be key to obtaining timely approvals. To achieve this, it's essential to develop an effective and organized strategy for obtaining the required governmental approvals, which starts with understanding the process. and the points of human interaction.

 

Working collaboratively with regulators requires that their processes be honored, and that your commitments be met. Often, the key is giving the process enough time to work. We have seen many instances where construction projects begin without completion of permit reviews and where code authorities end up requiring design changes affecting work already underway. These kinds of problems can be prevented with realistic planning and practical preparations. For instance, simply submitting all of the required information at the start of the process will make the regulator's job easier, making your life easier. Effectively managing personal interactions will also smooth and, in some cases, expedite the process. This begins with developing an understanding of the background and level of understanding on the part of the regulator, followed by an appropriate education process tailored to the situation. Indeed, the resolution of "regulatory events" often comes down to an interpretation of the regulations by an individual regulator with whom reasonable minds may disagree. To the extent that the regulator views such interpretations as subjective, one would do well to stay on his or her "good side." Recognizing this in advance is an essential part of the planning and a key to success.


McAlpine, PC is a nationally-known law firm concentrating in construction law and litigation in Michigan and throughout the United States. It has received some of the largest jury verdicts and arbitration awards in the country. The firm's founder, Mark L. McAlpine, is recognized as one of the best construction litigators in the country by a wide variety of lawyer peer-review publications. The firm's lawyers regularly counsel clients on matters of contract formation and administration, claims litigation, insurance, environmental and real estate issues faced by owners, contractors, and subcontractors. Visit our website  www.mcalpinepc.com  or call us at (248) 373-3700 for more information about the firm
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