Construction - Transactions

Our lawyers help clients with

• Purchase of land and buildings
• Financing –  negotiating, reviewing, and drafting loan/bond documents
• Land use and development – zoning issues, planning issues, entitlements
• Bid process – Assisting in the preparation of RFP’s, bid withdrawals, bid protests
• Contract negotiations and drafting – for owners with developers, architects, engineers, project managers, and general contractors; for contractors with subcontractors and consultants; for subcontractors with general contractors
• Environmental compliance
• Building codes and permits
• Contract administration, compliance and termination
• Structuring Dispute Resolution Parameters – including partnering, dispute escalation processes, and establishing the authority and responsibility of a DRB
• Surety and lien-related matters
• Insurance review – to look for potential gaps in coverage or contract language
• Employment and labor law issues
• Government relations – strategic guidance when participating in open competitions and other business opportunities or entering a contract with a federal, state, or local agency

Knowledge of federal, state, and local laws

The team advises clients on relevant statutes and regulations, including the federal Occupational Safety and Health Administration Act (OSHA), Davis-Bacon Act, False Claims Act (FCA), and immigration laws. The lawyers cover federal, state, and local environmental and land use regulations; small–, minority– and women–owned enterprise participation; various employment laws; and licensing and zoning requirements. They also understand the LEED rating system and how it and other green issues affect projects and agreements.

If a dispute arises

The construction team’s imperative is to ensure that our client’s participation in, and contribution to, the project goes smoothly. If a contractual, product defect, or other dispute arises, however, our litigators know how to protect and enforce your rights. They are highly experienced at resolving construction-related disputes before dispute resolution boards, mediators and arbitrators, and at trial before state and federal courts across the country.

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.

• Drafted and negotiated general contract and service contracts for developer of luxury hotel. 
• Counsel private clients on terms and conditions of AIA contract forms. 
• Contract negotiation on behalf of general contractor for municipal projects.
• Assist public school systems with contract drafting and procurement for general contractors, design consultants and project managers.
• Drafted and negotiated contract for build-out of retail store/restaurant on behalf of tenant.
• Represented public awarding authority on bid protest regarding long-term lease/public-private transit-oriented development (residential/retail/parking) project. 
• Represented public awarding authority to procure design-build project for rail extension in metropolitan area. 
• Contract negotiation and drafting on behalf of public awarding authority to procure professional services of design consultant, project manager, and project administrator for rail extension project. 
• Defense of public awarding authority on bid protest regarding award of contract for maintenance and repairs of state bridges. 
• Assisted public awarding authority in close-out of highway and tunnel project.