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:
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
- Compliance with special contractual requirements
- Compliance with federal and state procurement laws and other regulations
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
- 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
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
We are proud to have assisted some of the world’s most prominent businesses and contractors with their construction and design needs. Our lawyers have provided the traction our clients need to bring their projects to completion across a wide variety of sophisticated construction undertakings, including:
- Highways and Bridges
- Steel Mills
- Agricultural Facilities
- Hospital and Healthcare Facilities
- Nuclear Facilities
- Performing Arts Centers
- Casinos Hotels and Resorts
- Telecommunications Facilities
- Commercial Leasing
- Indian Land Construction
- Petroleum Refineries
- Transportation Systems
- Industrial Plants
- Power Generation Plants
- Chemical and Pharmaceutical Plants
- Landmark and Historic Building Restorations
- Residential Construction
- Urban Development Projects
- Computer Facilities and Clean Rooms
- Scientific Research Facilities
- Waste-to-Energy Facilities
- LNG Regasification Plants
- Shipbuilding and Repair
- Water Desalination Plants
- Data Centers
- Manufacturing Plants
- Ship Terminals and Port Facilities
- Wastewater Treatment Systems
- Educational Facilities
- Hotel and Hospitality Facilities
- Marine Construction
- Shopping Centers
- Wind Farms
- High Rise Office and Residential
- Mining Facilities
- Sports Arenas and Stadiums
- Currently representing the Minnesota Sports Facility Authority, the public entity that will own and operate a new stadium in Minneapolis that will serve as the future home of the Minnesota Vikings.
- Represented the city of Coralville in connection with the construction of the Iowa River Landing Coralville Marriott.
- Acted as counsel to the Minnesota Ballpark Authority in connection with the construction of Target Field in Minneapolis.
- Represented a private developer in connection with the construction of the Bloomington, Minnesota Hyatt Regency Central Station hotel.
- Acted as counsel to the owner/operator of the Streamsong Golf Resort and Spa in Florida.
- Represented project management company in connection with $423 million project financing (equity, subordinated debt and senior debt) and development of three 100-million gallon ethanol facilities located in Indiana, Nebraska and Ohio.
- Counseled project management company in connection with $939 million leveraged lease financing ($179 million lease equity, $760 million rule 144A note issue) for development of a 400 MW coal powered electrical plant.
- Counsel to developer in connection with $2.5 billion revolving construction credit facility for construction of natural gas-fired power plants.
- Represented Swiss investment bank involved in construction financing for a US$5 billion artificial island development in Qatar.
- Acted as counsel to an energy cooperative in the acquisition of ground lease and easement parcels in connection with the development of a $750 million power plant.
- Assisted a new business venture in the acquisition, financing, construction and equipping of an ethanol manufacturing plant, including the successful negotiation of an FmHA loan guaranty and a Community Development Block Grant.
- Advised international construction company on agreements for oil and gas development projects in Kazakhstan.
- Represented international infrastructure company in connection with the development of a port and associated infrastructure facilities in India.
- Represented a U.S. designer and manufacturer of heat recovery systems in the formation of a consortium with a large French engineering firm to bid on gas-turbine power plants in Taiwan and elsewhere.
Industries & Practices
- Anti-Corruption Group
- Banking & Financial Institutions
- Cooperative Law
- Corporate Governance & Compliance
- Government Contracts Counseling & Litigation
- Indian & Alaska Native
- Insurance Law
- Real Estate & Land Use