Construction Law

Range of Services:

Contract Formation and Performance

• Developing contract documents that expressly allocate the risk, responsibility and rewards for proper performance essential to a successful project.
• Utilizing our considerable experience with numerous forms of contracts, from customized forms to standard industry and government forms-including the contracts of the American Institute of Architects (AIA), Consensus DOCS, the Engineers Joint Contracts Documents Committee (EJCDC) and the Construction Management Association of America (CMAA)-to develop the most appropriate contract forms for any project or task.
• Advising owners, developers, prime contractors, subcontractors, engineers, architects, other design professionals, sureties or other project team members, in forming and managing contractual relationships.

Claims Prevention

• Monitoring projects during construction to ensure awareness of issues and potential pitfalls, and to assist in the prevention or resolution of claims.
• Presenting seminars and written materials to our clients to educate their project managers, superintendents, engineers and others to the common pitfalls encountered on a construction project.
• Reviewing contract forms and procedures so clients are better able to avoid many situations that might result in claims or delays.

Construction Claims

• Handling claims, including changed or unforeseen conditions, delays, disruptions, loss of productivity, acceleration, payment disputes, insurance coverage and allegations of defective design or construction.
• Calculating extended project costs and unallocated home-office overhead using industry-recognized formulas, recommending qualified consultants to do so and, where appropriate, working closely with claims consultants to maximize benefits and minimize risks for our clients.
• Where possible, attempting to achieve an early and fair resolution of construction disputes without the expense and disruption of litigation.
• Engaging in all forms of alternative dispute resolution, including mediations and arbitrations, and presenting strategies to attempt to resolve disputes promptly, amicably, and short of trial.
• When early resolution is not possible, we have considerable experience litigating complex, highly technical construction claims in trial and appellate courts at state and federal levels, before contract appeals boards and other administrative tribunals, as well as arbitrating before domestic panels.

Government Contracts and Bid Protests

• Providing a full range of services in connection with government contracting at the local, state and federal level, and with international agencies.
• Our attorneys have litigated cases involving procurement laws and the awards process, and have written extensively on competitive bidding and related subjects.
• Representing public owners, contractors, subcontractors, engineers, architects, suppliers and sureties in the procurement process, including bidding, bid protests, contractor selection and awards processes used by public agencies.
• Counseling clients on claims arising under government contracts, including analysis of entitlement and claims pricing issues, and claims notification and certification requirements.

Public-Private Partnership (P3) Projects

• Representing state and local governments, as well as developers, lenders and other private sector firms in P3 projects.
• Negotiating arrangements and establishing properly aligned incentives that are the foundation for successful P3 projects.

Default/Termination Claims and Surety Practice

• Handling the complex issues and claims arising from contractor and subcontractor default terminations as well as failed construction projects that can result in numerous payment and performance bond claims and default or termination of bonded contractors.
• Having extensively represented all sides of such disputes, we can provide our clients with unique insights into handling default terminations, negotiating no-cost terminations in many cases or obtaining terminations for convenience on behalf of improperly terminated contractors, as well as working and negotiating with, and litigating for or against sureties relating to payment and performance bond claims and indemnity obligations.

Architects, Engineers and Other Design Professionals

• Representing architects, engineers and other design professionals in contractual issues related to project delivery systems such as design-build, design-bid-build, fast-track or any combination, and advising on their relationships with owners, consultants, contractors or subcontractors, during the pre-design, design, construction and post-construction phases.
• Defending or prosecuting claims by or against design professionals, and by or against professional liability insurance carriers. Our practice in this area is enhanced by the group’s experience in the formation and management of design professional practices.

Insurance Programs

• Advising clients concerning the competitive retention of insurance consultants and brokers including the preparation of request for proposals.
• Advising clients concerning various controlled insurance programs.
• Assisting in the negotiation of insurance policies and coverages for liability, pollution and property risks.

Occupational Safety and Health Act (OSHA) Compliance Issues

• Helping clients address the ever-changing health and safety regulations of federal, state and municipal agencies to protect individuals and property in the workplace.
• Assessing the scope and application of these regulations, the potential liabilities in ongoing project activities and appropriate responses to inspection issues or the issuance of subpoenas and citations.

Sustainable Designed Construction

• Counseling clients on alternatives available to address sustainable/high energy efficiency/green building design and construction.
• Investigating available incentives and modeling contract documents to reflect the added responsibilities and risks.