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Construction

We help clients design, build, maintain and protect assets.

Our construction practice group represents hundreds of owners, investors, contractors, developers, and lenders, in all aspects of project construction and commercial development transactions across the country. From public/private partnership (P3) projects to local residential and commercial development, we understand that construction and development is an interactive process and that every project is unique. We work closely with our tax credit, P3 finance, energy and real estate practitioners to address all sides of a project from finance-related issues to proper claims preparation, negotiation and trial. We engage with clients at the early stages of a project to think creatively and position the project for success. With a deep understanding of construction and development and extensive experience in financing on the debt and equity sides of the transaction, we are uniquely positioned to assist clients at every step of the process.

Our construction litigation group is one of just a few, true construction litigation and risk management groups focused on disputes that have the potential to evolve beyond day-to-day dispute resolution to litigation and trial. Members of the group dedicate their practice to construction law, are recognized “go-to” practitioners in their respective markets, and are highly-qualified to handle the full range of disputes leading up to and including trial. Our construction litigation practitioners draw on risk management skill developed though decades of experience with our tax credit, P3 finance, energy and real estate colleagues to form unique dispute resolution strategies that keep projects on track. Focused on delivering efficient and innovative solutions, we understand how litigation can threaten the profitability of projects. We apply risk management tactics and address claims before they grow into costly litigation. We also recognize the need for clients to forecast legal expenses and can provide detailed matter project plans and budgets. Construction claims are litigated in a variety of forums, including arbitrations, state and federal courts. Our practitioners litigate construction disputes in every forum across the U.S. 

Our construction practitioners provide a full range of services to clients including:

Contract Development and Risk Assessment
  • Drafting and negotiating P3 development and concession agreements, purchase and sale agreements, construction contracts, development agreements and other construction--related documentation. We routinely draft, review, negotiate and advise clients on construction, development, design, construction management, insurance, surety bonds and related contracts, including extensive experience with American Institute of Architects (“AIA”) forms, Consensus DOCS, and contracts created specifically for our clients.
  • Advising on issues regarding project specifications, surety bonds, mechanics’ liens, lien waivers, suspension of performance, contract drawing/contract document, scheduling, delivery and delay 
  • Advising on closing requirements, ground lease matters, title and survey issues and other diligence matters, as well as negotiate financing documents and risk transfer related to the development and construction of the project
  • Advising our clients on risk transfer issues related to project parties, insurance coverage and surety bonds remains a hallmark of our service
Construction Claims
  • P3 project risk transfer and dispute resolution
  • Representation of owners, contractors, subcontractors, material suppliers, architects, engineers, construction managers, construction lenders, developers, investors, sureties and insurers in a variety of claims grounded in breach of contract, negligence, and/or professional negligence
  • Delay and disruption claims
  • Defective workmanship claims
  • Defective product claims
  • Payment claims (both claims for payment of sums promised in the construction contract and claims for the payment of additional sums due to changes in the scope of the work)
  • Enforcement of mechanic’s liens (contractors, subcontractors, and material suppliers)
  • Payment and performance bond claims
  • Bid protests, False Claims Act matters, Contract Disputes Act issues, and federal grant and assistance programs
  • Loan assumptions
  • Acquisition and disposition of distressed loan assets
  • Bank and savings institution acquisitions, savings institution conversions, and matters relating to insolvent financial institutions
  • Loan workout, restructuring and foreclosure
  • Special servicing arrangements