Construction Transactions
Our attorneys have extensive experience advising clients on the planning and development of all types of construction and development projects, including large-scale, complex public-private construction projects. We have significant experience representing owners, developers, contractors, design professionals, and subcontractors.
We represent and advise clients on all aspects of project development, planning, design and construction, including:
Program development
Contract preparation, review, and negotiation
Contract administration
Designer and contractor selection and liability
Phasing schemes
Pre-bid considerations
Construction liens
Insurance related issues
Environmental issues
Bond claims
Operations
Dispute resolution, including mediation, arbitration, settlement, and trial
We assist clients with all types of construction documents and administration, including:
Professional design service agreements
Construction contracts
Construction management agreements
Design-build agreements
Alternative contracting formats (including integrated project delivery/collaborative agreements (IPD) and public-private partnerships (P3))
Development agreements (including those for public-private development projects)
Subcontract agreements
Joint venture agreements
Purchase orders for goods and/or services
Bid package documents
Staging and construction areas
Leases and easements (including air rights easements/agreements)
Purchase and sale agreements
Performance and payment bonds, bid bonds, completion bonds, maintenance bonds, etc.
Other related documents such as consents of sureties, lender consents, waivers and releases of lien, licenses, bills of sale, notices of claims, etc.
Our attorneys also develop standard form design and construction contracts for owners, developers, and contractors, as well as for counties and governmental agencies.
Some of our top priorities include advising clients on how to favorably address key contractual issues and how to avoid problems and disputes on projects. However, if problems or disputes develop, we can assist on issues such as construction defects, delays and impacts, differing site conditions, professional design liability, suretyship, and collections (lien and related claims).
Contractor Debarment and Suspension
Government agencies have taken an increasingly aggressive approach to debarring or suspending contractors who plead or are otherwise found guilty of criminal conduct, making debarment and suspension among the biggest dangers faced by contractors with significant government business. Contractors may also be banned from government work if they are "listed" by the Environmental Protection Agency for violations of certain environmental laws or for other instances of misconduct, even those that do not result in criminal sanctions.
We help clients avoid suspension, debarment, or listing by employing strategies that include: establishing and monitoring compliance programs for cost allowability, procurement integrity, and organizational conflicts of interest. We are experienced with the Lobbying Disclosure Act, Byrd Amendment, socioeconomic/reporting requirements, and facility and personnel security clearances. Additionally, we plan and implement ethics programs and internal investigations.
