Construction and Construction Transactions

We routinely represent construction industry clients on projects involving

• Energy facilities
• Manufacturing facilities
• Government and commercial buildings
• Residential structures, including condominiums
• Roads, bridges, and tunnels
• Transportation and garage facilities
• Water distribution systems and treatment facilities

Our Construction Team brings wide experience and a practical perspective to helping clients deal with challenges on complex construction projects

• Experience across a spectrum of practice areas, including claim analysis and defect analysis, government relations, government contracting, corporate structure and administration, project financing, insurance and bonding requirements, environmental compliance, products liability exposure analysis, and bond claim prosecution/defense and bankruptcy law
• Resolution of disputes before Dispute Resolution Boards, mediators, arbitrators, and in trials in state and federal courts
• Experience helping clients with project management, planning, and implementation
• In-house counsel perspective, with an attorney who served as former in-house counsel for general contractors
• Strong relationships with architects, engineers, and claims consultants representing transportation and building projects
• Longstanding relationship with and representation of state Departments of Transportation

Clients we serve span the construction services sector

• Public owners
• Developers and private owners
• Sureties and insurers
• General Contractors
• Subcontractors
• Vendors and suppliers
• Specialty contractors
• Design professionals
• Construction managers and construction administration professionals
• Construction Product Manufacturers

Helping clients understand claim submission and defense and performing claims investigations

Our team has experience providing legal advice and representation on a broad range of claims, including claims involving:

• Acceleration
• Breach of contract
• Construction defects and property damage
• Construction equipment and material defects
• Delays, hindrances, impacts and interference
• Design errors and omissions
• Differing site conditions, statutory claims, and requests for equitable adjustment
• Environmental compliance
• Hazardous materials and toxic torts
• Insurance and coverage
• Liquidated damages
• Mechanic's liens
• Miller Act and Little Miller Acts
• Payment, performance, indemnity, and lien bonds
• Personal injuries and wrongful death
• Product liability
• Supervision and termination
• Warranties and guarantees

Our services allow you to:

• Assess and address regulatory considerations – environmental requirements and compliance standards; statutory requirements for public projects
• Assess environmental considerations – and implement appropriate measures, including permitting, contract provisions and other measures
• Develop and implement government relations strategies – designed to advance strategic objectives
• Evaluate project transactional requirements and assess risks – including through business organization and operations analysis, evaluating bid documentation and processes, insurance coverage analysis and requirements, and bonds and related surety document analysis
• Evaluate, assert and defend indemnity claims – through contract drafting, interpretation and negotiation, claims and demand analysis, and litigation
• Navigate state & federal public bidding and government contract requirements –  prepare and negotiate transaction documents; and evaluate and handle bid protests
• Perform pre-construction risk evaluation – including for design build projects, public private partnerships, insurance requirements, bonding requirements, licensing requirements
• Resolve disputes – through negotiation, mediation, arbitration, DRB proceedings, trials, and appeals
• Structure transactions and draft and negotiate deal documents – including drafting and negotiating RFPs, contracts, indemnity agreements, bonds, and related surety documents
• Understand bankruptcy implications – on a project and for its participants

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

• Appointed Special Assistant Attorneys General to represent a state DOT in litigation involving over $100 million in claims on Boston’s “Big Dig”
• Represented window manufacturers for over 15 years in defense of construction/product defect claims relating to stucco and EIFS suits
• Represented a developer through a $30 million suit relating to a condominium conversion lawsuit
• Counseled state awarding authority on procurement process and preparation of RFP materials and contract documents for multi-billion dollar rail expansion project
• Defended state authority against wrongful death lawsuit arising from tunnel ceiling collapse
• Developed and negotiated contracts for a $100 million multi-prime construction of a process facility
• Prepared, negotiated and implemented a $10 million plant decommissioning including environmental and regulatory components
• Represented a developer in a $15 million condominium defect lawsuit
• Defended a construction manager in a suit alleging interferences, delays and added costs on a multi-school project
• Negotiated an up-fit to an athletic facility with time and space constraints
• Negotiated the expansion of a $100 million production facility to add additional lines and defended liens and claims arising from the project
• Represented insurance company relating to coverage for construction claims and wind storm damage subrogation matters
• Counseled construction manager relating to contracts for its owners and clients on indemnity and risk allocation provisions
• Defended sureties in numerous public school construction disputes
• Negotiated a design-build contract for a micro-brewery
• Counseled the owner of a $150 million process plant concerning schedule related claims, liens, and delay analysis resulting in a multi-party mediation and litigation
• Trials and appellate work on claims involving alleged construction defects in condominium project
• Ongoing representation of school districts in all facets of new construction and renewal programs, including contract drafting, procurement, and claims handling    
• Represented regional sewer service provider in procurement of engineering and construction contracts for $50 million sewer tunnel and construction manager at risk contract for a $40 million wastewater treatment facility
• Contract drafting to procure construction services on behalf of multi-county water district for a $19 million water plant
• Represented a global manufacturer to procure site development and construction services for its new headquarters building and product testing laboratory
• Represented a global food products manufacturer in negotiation and drafting of design-build contract for a new processing plant; also negotiated and drafted contracts with the process vendors