Our Construction & Design attorneys are well-versed in certain issues uniquely applicable to private construction projects. We have filed and defended mechanic’s lien actions in numerous jurisdictions throughout the country. We are equally knowledgeable in the evaluation of priorities vis-a-vis other creditors as it relates to construction project stakeholders.
Contract Drafting and Review
We are intimately familiar with the various forms of contract documents available to parties. This knowledge, coupled with our experience in witnessing projects gone astray provides us with a unique perspective that often permits us to contract around significant risks. We have a great deal of collective experience drafting and negotiating the terms of contracts to mitigate our clients' exposure to risks they seek to avoid.
Claim Preparation
We frequently represent contractors in the preparation of Claims and Change Order requests. We analyze project schedules to assist clients in understanding where time was lost and the causal factors impacting that lost time. We also guide clients in developing the factual predicate upon which the claim is based. Likewise, we are adept at analyzing contractor records to support the contractor's claim for damages.
Alternative Dispute Resolution
We work closely with clients to identify the best strategy for resolving each dispute. Early and accurate evaluation of the merits of the claim is a cornerstone of appropriate resolution and the formation of an overall resolution strategy.
Claims and Disputes
To a certain degree, disputes on a construction project are sometimes inevitable. Our Construction & Design attorneys litigate disputes in state and federal courts throughout the country and are very comfortable with the complex legal and technical issues that often arise. We defend general contractors in actions brought by subcontractors, and handle termination actions with owners and subcontractors alike. We routinely handle discovery issues and are sensitive to the evolving state of the law on electronic discovery and the cost challenges they present. We frequently work with clients in defining their litigation strategy as well as with opposing counsel to draw the right balance between the breadth of discovery and the costs associated.