Overview
Across the United States and around the globe, participants in the construction industry count on our Construction and Design practice group to build the legal framework that supports their projects.
Combining a solid understanding of the “big picture” with in-the-trenches construction and design project management experience, our lawyers provide proactive solutions to a diverse client base in virtually any aspect of the construction industry.
Our Construction and Design lawyers are involved in some of the most innovative, sophisticated and technologically complex construction projects in the world.
When disputes arise between the many parties involved in any given project, our Construction Litigation group helps clients successfully resolve them as quickly as possible.
We also have international reach, allowing us to provide service around the country and throughout the world. With multiple offices throughout the United States, Canada, Europe and China, we can address your legal requirements wherever they might arise.
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We support all phases of design and construction, including:
Litigation Avoidance
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Our attorneys have extensive experience with measures that can greatly minimize the risk of litigation in connection with construction projects. We know that construction projects can be enormously complex and risk-prone undertakings. Monitoring the construction process closely to detect issues when they arise and having the expertise and experience to take appropriate action within the required time periods are imperative to the successful completion of any project. Our experienced construction lawyers work closely with our clients to address the multitude of issues that can arise in connection with any project.
Project Planning, Design and Formation
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Clients depend on us to protect their interests by anticipating and solving the many issues and problems that can arise during the planning and design stage of a construction project. These challenges can include complicated project financing arrangements, joint ventures and other teaming arrangements, public-private partnerships, privatization, complex project delivery systems, bid questions, environmental and other compliance issues, labor agreements, work visas and much more. Our lawyers understand the benefits and risks of the project delivery systems used in today’s global marketplace. We help our clients identify and appropriately allocate the risks inherent in each project among its many participants.
In addition to drafting original, project-specific contract documents, we routinely work with all of the standard form construction and design agreements. Our team also assists clients with the many unique challenges that impact construction projects, including:
- Insurance coverage
- Bid protests
- Competitive bidding processes
- Permits
- Compliance with special contractual requirements
- Compliance with federal and state procurement laws and other regulations
Construction Phase Project Administration
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We regularly address claims and disputes that frequently arise during all phases of a project, including:
- Denial of site access
- Acceleration or Delay
- Late project completion
- Design deficiencies, construction defects and structural failures
- Lost productivity claims
- Terminations for convenience and default
- Environmental hazards
- Work site accidents, safety violations and OSHA compliance
- Excessive work scope changes (cardinal change and cumulative impact)
- Warranty claims, including post-completion claims
- Interference
- Fraud
- Changed conditions
- Inadequate project management/lack of coordination
- Performance/payment bonds
- Slope and shoring failures
- Inadequate inspection
- Failure to meet performance standards and guaranties
- Operation and maintenance disputes
- Claims for extra work
Project Closeout
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Our construction lawyers have extensive experience working with clients through the multitude of issues that must be completed to successfully close out construction projects. These include:
- Identifying, calculating, preparing, submitting and resolving claims
- Systems acceptance, performance standards and guaranties, punch list, warranty and other issues
- Resolving outstanding change orders and pending matters including Miller Act and little Miller Act claims, mechanic’s liens, performance and payment bond and retainage claims
- Time extension and liquidated damages issues
- Governmental requirements, including requirements associated with payment, occupancy and operation
- Project finance requirements and the conversion of construction loans to permanent financing
Global Reach
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Through our international offices and our relationships with foreign counsel, we have the ability to prosecute and defend the interests of our clients around the globe. Our U.S. attorneys work closely with our international practitioners in Hong Kong, Shanghai and London to ensure that our clients are represented in key international markets. The lawyers in our international offices counsel clients operating in Europe and Asia and we also have relationships with firms throughout the world, giving us a truly global reach.
