
Our team of Construction & Design attorneys is dedicated to providing comprehensive legal services to the construction, design and surety industries. We represent the full spectrum of stakeholders on virtually every type of construction project, public or private, domestic or international. We represent general contractors, owners, subcontractors and major component suppliers, insurers and sureties, design professionals and lenders. Our attorneys advise clients in the drafting and negotiation of contracts, claims preparation, claims management and mitigation, insurance issues and labor relations. Our Construction & Design professionals are skilled in mediation and other types of structured alternative dispute resolution vehicles. When an amicable resolution cannot be reached, we have extensive experience handling arbitrations and litigation in state and federal courts throughout the country on every type on construction-related dispute.
Our Construction & Design attorneys devote their practice to companies involved in the construction industry. Several members of our team have extensive construction or engineering experience prior to practicing law, and one of our partners was an attorney for the National Labor Relations Board. We are active in the preeminent construction organizations in the United States, including the American Bar Association Forum on the Construction Industry, the Design-Build Institute of America and the Associated General Contractors of America, as well as fraternal organizations such as The Moles and The Beavers. This background, dedication and focus allow us to better understand our clients’ businesses and provide them the best possible service.
Contracting
Many litigation problems can be avoided or significantly lessened by proper preparation and contractual positioning from the outset. We have prepared and negotiated hundreds of construction, design or design/build contracts for a wide range of projects on behalf of every type of service provider involved in the construction process.
Labor Relations
In order to successfully accomplish the project objective, some degree of harmony must exist on the job site. Often that harmony can be disrupted by pickets or union strikes beyond the control of the general contractor, owner or lender. We often work with clients in preparing the job site to accommodate potential picketers in a way that avoids work stoppages and other job delays. When these issues cannot be otherwise avoided, we represent clients in various state and federal courts and before government agencies, such as the National Labor Relations Board. We also regularly defend contractors, subcontractors and minority contractors in compliance issues regarding affirmative action, and have extensive experience in prevailing wage issues and union disputes.
Lien & Bond Claims
Whether an unpaid contractor or supplier is trying to collect monies owed, an owner wants to avoid paying twice for work performed once, or a lender needs to protect collateral, the use and enforcement of mechanic’s liens and payment bonds needs to be understood. A properly prepared and timely filed mechanic’s lien or bond claim can be an invaluable tool, and sometimes the only way to collect monies owed. At a minimum, these tools typically generate significant concern on behalf of those with interests or obligations to the subject property. Conversely, lien waivers and bonds can provide a virtual bar to claims by subcontractors and suppliers against the project owners and lenders. We have successfully prepared, prosecuted and defended against hundreds of mechanic’s liens and bond claims in dozens of states, ranging from thousands to millions of dollars.
Alternative Dispute Resolution
With the costs of litigation often outweighing the value of the claims at issue, parties frequently look to alternative methods of dispute resolution. These methods include informal negotiations, nonbinding mediations and arbitrations. We have significant experience in alternative dispute resolution and understand that as each dispute is unique in its own right, so is the method for resolving it.
Litigation
On occasion, despite the best intentions and best efforts of all involved, the need to litigate a dispute is simply unavoidable. In such an event, it is critical to have attorneys who are experienced not only in litigation, but in all aspects of the construction process.
International
In addition to representing domestic corporations involved in international projects, we represent foreign contractors handling work for the U.S. government abroad, as well as for other public and private concerns. Our London office frequently serves as the gateway to clients in Europe, the Middle East and Asia. We also have excellent relations with foreign firms who can be called upon to assist with matters where a local presence is beneficial to the client's interests.