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Construction

Legal advice and counsel about construction contracts and disputes for owners and contractors.

Practice Area Introduction

We help owners, contractors, and design professionals structure contracts that provide effective, practical solutions for construction projects. Our focus is to draft contracts that clearly express the intent of the parties, eliminate ambiguities, and embody the business deal between owner and contractor.  When disputes arise, we look for solutions that permit the development and construction move forward smoothly with reduced legal risks and exposure.

Our Expertise

Our team drafts, reviews, and negotiates agreements and contracts for a wide range of construction projects including multifamily, office and warehouse, medical, and renovation and reconstruction. We structure delivery models that include design-bid-build, design-build, construction manager at risk, and construction manager as adviser, tailoring terms to meet the business objectives of the parties. We work with AIA architect’s agreements and construction contracts, DBIA design-build agreements and contracts, other national industry forms, and customized, manuscript agreements and contracts, addressing project scope, performance standards, milestone scheduling, liquidated damages, retainage, change management, allowances, and contingency use. We provide advice about insurance and surety issues including builder’s risk, professional liability, subcontractor default, and wrap policies, and we structure indemnity and warranty provisions that are enforceable and practical.  When problems arise, we help our clients structure practical, cost-effective solutions that will enhance the long-term success of a project. 

Our Approach

We draft and negotiate agreements and contracts that express in clear, unambiguous terms the business objectives and principal deal points of the parties. We include provisions that capture the intent of the parties with respect to liquidated damages, sharing of cost savings, performance bonuses, use of contingencies, and dispute resolution that advances project completion while protecting the interests of the parties. We assist owners and contractors with the resolution of issues relating to lien waivers and payment applications, construction contract assignments, and consents to assignment. Our construction team lawyers also have experience in developing partnerships and joint ventures for private projects and public-private partnerships.  When disputes arise, we deliver strategic, efficient solutions that protect client interests, reduce liability exposure, and support timely and successful project delivery, drawing from our deep industry knowledge and a practical understanding of the development and construction processes.

How We’re Different

How We’re Different

Finance-informed Construction Contracts

With deep experience documenting commercial lending and development, we craft construction agreements that meet lender requirements and perform on the jobsite.

Tailored Terms That Work

We are adept at customizing standard forms to address specific project objectives and challenges.

Regulatory Foresight, Built In

We translate permitting and procurement into contract terms that manage schedule risk.

Key Takeaway

Contract negotiation and documentation that reflect key business points, reduce risk and uncertainty, and provide practical solutions in even the most complex situations.