Clients trust our construction law attorneys with their most complex and sophisticated construction projects, a privilege we do not take lightly. We understand the complex intricacies of construction law and pair that with our extensive experience and knowledge of the industry. Our primary objective is to produce high-quality agreements protecting our clients while maintaining a practical, business-minded approach and streamlining the process to ensure that all parties stay committed to producing a successful project.

Our capabilities include contracting structure and selection, subcontracting, and professional agreements. Additionally, when construction disputes arise, our lawyers can deftly navigate the resolution process in a timely and cost-effective manner.

Our construction group has the depth and geographical reach to handle complex problems nationwide. We have extensive experience structuring contracts through traditional methods, as well as more innovative and cutting-edge approaches. We are able to advise on different pricing methods in tandem with our deep knowledge of the most commonly used contracts. Our team can create subcontracts that address the risks and rewards for all parties, while still advising on other aspects that relate to subcontracting. Our team has experience representing institutional clients in construction contracts for projects valued in the hundreds of millions of dollars, but yet is nimble to assist on significantly smaller projects as well.

Contracting Structure & Selection

Choosing the right contracting approach for a construction or renovation project is one of the most important steps to ensuring a successful project. Choose wisely and the various project participants should work together like the different instruments in a symphony. But choose an approach that doesn’t match up with your particular project and the result can be far less harmonious.

The selection of project delivery method is critically important. Ideally, the choice should be made before the project even gets underway, when the owner and other key stakeholders are in the best position to set the project on the right track and help deliver a successful outcome. Of course, there is no single best approach for construction project delivery. Each approach has advantages and disadvantages and what may work for one project could be a poor fit for another. Having experienced counsel to help you navigate the selection process and safeguard your interests is key.

We have extensive experience structuring virtually all of the major contracting approaches, including the traditional methods as well as more innovative or cutting edge approaches. We can also advise on different pricing methods for your project, and have deep knowledge of the most commonly used contracts.

These various options include:
• Design-build
• Design-bid-build
• Construction management (CM)
• Integrated project delivery (IPD)
• Fixed price vs. GMP vs. cost-plus
• AIA, Consensus Docs, DBIA, EJCDC and FIDIC contract forms

Subcontracting

If a project is going to be built, there’s a strong chance that subcontractors are the parties that are going to do most of the heavy lifting. Whether you are the prime contractor or the subcontractor (or the owner trying to manage the project from above), negotiating and agreeing to an appropriate set of subcontract terms can make or break the project.

Our team of attorneys are experts at crafting subcontracts that appropriately address the risks (and rewards) for each stakeholder and flow down the essential terms to a project’s key subcontractors.

We can also advise you on all the other aspects that relate to the subcontracting program, including competitive bidding, bonding and other security measures, insurance, liquidated damages (and possibly incentive bonuses), lien waivers and releases.

Professional Agreements

In the past, a project owner might contract with a “master builder” and be done with it. But in the modern construction realm, almost any project above a certain size will be populated by an array of professionals and other project participants. These may include the prime contractor and its subcontractors, architects and engineers, material suppliers, equipment vendors, design consultants, and a host of possible consultants advising on environmental issues, zoning issues, LEED certification, and more.

Our team of experienced attorneys can help you retain and manage this diverse cast of professionals. We can prepare or negotiate the various agreements and consulting contracts that will align the various parties’ interest (each of whom will come to the table with a different set of priorities) and help get everyone focused on producing the one result that matters: a successful project.