Buying the ship and setting sail does not guarantee you a successful journey. It is what happens along the way that counts. Our construction lawyers understand this and know how to support our clients throughout a project’s journey.
Our construction group is experienced in front-end transactional representation of owners, developers, lenders, financial institutions, design professionals and contractors in the negotiation and drafting of general contracting, engineering, architectural, project management, integrated project delivery (IPD) and other construction industry agreements.
Our clients engage us throughout all phases of construction, from development of contracting strategies (EPC, design / bid / build, design / build, construction manager at risk versus construction manager without risk, lump sum versus cost reimbursable versus cost reimbursable with guaranteed maximum price) to design development, contract negotiation and LEED certification to dispute resolution.
In addition, our construction lawyers often counsel our real estate clients in acquisitions involving planned or ongoing construction projects, advising on the risks associated with taking an assignment of previously executed design and construction contracts.
Our lawyers provide counseling and representation in negotiations, contract formation, drafting and execution, claim investigation, prevention and documentation, regulatory investigations, and dispute resolution. Dispute resolution can include mediation, arbitration and state and federal court litigation.
In addition, our project development and contract negotiation and drafting lawyers assist owners, developers, design professionals and other project participants in public and private construction projects with a wide range of issues, services, and other needs.
We routinely represent owners, developers, contractors and other professionals in the following types of projects:
- power plants
- cement plants
- LNG facilities
- tire plants
- roads, bridges and railroads
- intermodal facilities
- US military housing and other military or government projects
- fiber optic networks
- multi-family housing, student housing and other higher education facilities
- hotel and resort developments
- golf courses, malls and shopping centers, museums, theaters, concert venues and stadiums
- hospitals and other health care facilities
- gaming facilities
Our areas of work include
- land acquisition
- zoning and land use
- contracting strategy development (determining use of design/build, design/bid/build, construction manager at-risk, pure construction manager, or other strategy to best suit the client’s needs)
- negotiating and drafting of development, design, engineering, construction and related agreements
- advising on partnering and integrated project delivery (IPD) contracts
- trade labor and project labor matters
- securing appropriate insurance and bonding risk allocation
- intellectual property protection
- environmental and building code regulations
- professional licensing
- accessibility laws and regulations
Our recent construction work
- deliver training sessions and educational materials to help the project team navigate, apply and enforce the contract provisions
- provide easy-to-use-and-apply project documentation forms for change order requests, lien releases, payment applications, responsibility matrices, and other issues
- draft notice letters and other correspondence to accurately document key project milestones, defective, deficient, or incomplete work, delays, force majeure events, responses to payment applications, insufficient manpower, use of allowances, sufficiency of attic stock, and other issues
- analyze payment applications, change order requests, lien, bond and insurance claims, requests for information, stop work orders, notices of default, terminations, and other project documents
- counsel project teams on appropriate document retention and document control policies and enforcement
- respond to OSHA and other workplace safety notices and concerns
- review commissioning and start-up plans, performance guaranty test data and assist project team in responses
- enforce contractual insurance requirement compliance
- document and revise subcontractor progress meeting, Owner / Architect / Contractor (OAC) project meeting, and other project meeting minutes
- prepare Requests for Proposals and assist with subcontractor and contractor bid review and processing
- assist with Punch-list and other project close-out documentation, including enforcement of owner’s manual and as-built drawing requirements
- enforce site safety and security obligations
- conduct audits and investigation of contractor and subcontractor progress payments
Project development and contract negotiation
- Developed, drafted, and negotiated a unique EPC contract with a guaranteed maximum price for an owner / developer of a coal power facility, preparing bid materials, assisting in review of bids, helping to select a contracting team, and negotiating final contract terms for a multimillion renovation of the power facility.
- Negotiated and drafted the construction contracts and design agreements on behalf of a leading hospitality developer for the transformation of a former nightclub into a multi-level modern nightlife concept. This multimillion project formally opened on after eleven months of construction that doubled the size of the former venue.
- Advised owner / developer on development of contracting strategies, the drafting and negotiating of the construction contracts and design professional agreements for a new high-rise luxury apartment tower that featured nearly 400 apartment units over a multi-story parking garage with high-end community amenities.
Contract administration counseling
- Investigated, negotiated and resolved design infringement claims against energy facility owner client who did not retain former designer for subsequent multimillion energy facility project.
- Advised owner / developer joint venture clients on the close out process for subcontractors and documentation of delay and liquidated damages claims against the prime contractor and assisted with collecting and developing evidence for inevitable litigation.
- Counseled owner / developer client during construction and concurrent with sales negotiations regarding construction defect and quality claims by purchaser, reviewing construction documentation, retaining proper consultants and preparing report responding to purchaser’s due diligence inspection.
- Negotiated and resolved change order, delay and acceleration claims and mechanic’s lien filings by subcontractors and prime contractor on a multimillion hotel project, preventing litigation and recovering the project schedule for on time completion.
Awards and accolades
- Chambers Global, Global-wide: Construction, Chambers & Partners, 2015