CONSTRUCTION

Construction projects touch on many areas of law. When you embark on a construction project, you need to consider project financing, regulatory compliance, labor and employment issues, and more. We've got you covered.

Building Legal Frameworks for Success

If you need counsel on a construction project – as an owner, designer, constructor, lender, or supplier – our multidisciplinary team of nearly 30 attorneys are ready to assist. Whether the project is delivered through a traditional competitive design-bid-build approach, or utilizes an innovative integrated delivery system, we have the expertise to handle everything from project finance to contract negotiation and claim resolution. When you come to us, we draw from resources across our firm to build the right team for your specific project needs.

We Know This Industry

We have worked on varied projects in both the public and private sectors, including:

  • Commercial Office Buildings 
  • Condominium Complexes
  • Government Buildings
  • Higher Education Classroom, Administrative and Residential Buildings
  • Highways and Bridges
  • High Rise Residential Buildings
  • Hospitals and Other Medical Facilities
  • Hotels
  • Industrial and Manufacturing Facilities
  • Light Rail, APM and Other Transit Systems
  • Natural Gas and Oil Infrastructure and
    Processing Facilities
  • Power Generation Plants
  • Stadiums and Sports Arenas
  • Water and Wastewater Treatment Facilities

 

When it Comes to Construction, We’ve Got You Covered.

Project Finance and Transaction Structuring

We are a nationally recognized leader in real estate and project finance, representing banks and other financial institutions, funds, investors and developers in structuring, negotiating and closing a wide variety of project financings. We understand the perspectives and needs of each party to the transaction. Our clients rely on our deep understanding of capital markets and our ability to work through complex structuring issues as they arise. We also structure project delivery methods and negotiate and draft contracts on behalf of owners, contractors, and designers. We counsel owners on every aspect of their projects from site assemblage, acquisition, due diligence, financing and leasing, always managing transactions with efficient and practical guidance to minimize the tax burden. Our team handles multistate and multi-property transactions, and tackles regional to large-scale projects throughout the United States. We also assist constructors, designers and systems and material suppliers on risk identification, mitigation and management, including bonding and insurance requirements.

P3 Partnerships

As our country's infrastructure needs grow, local and state governments are increasingly turning to public-private partnerships (P3s) to construct infrastructure and deliver public services. We have represented municipalities, local and state authorities, federal agencies, design-build joint ventures, and EPCs on projects for transportation systems, port facilities, convention centers, stadiums, arenas, water and sewer plants, prisons, parking facilities and more. Our P3 team includes real estate, public law and finance, construction and government contracting attorneys who are knowledgeable of and experienced with the complexities of public procurement, finance and contracting that must be managed when private entities finance, design, build operate and/or maintain public assets. In addition, our government relations professionals are invaluable when it comes to navigating the legislative and executive branch politics of approving and funding such projects.

Regulatory Compliance

We will keep you on the right side of local, state and federal regulations, and can assist with licensing, permitting, and other required approvals. We have extensive experience helping contractors comply with federal, state and local regulations relating to workplace safety, DBE/MBE participation, Small and Veteran’s Owned Business status, Independent Contractor status, and other public procurement and government contracting compliance issues. On the environmental side, we can help you navigate the increasingly complex regulations associated with construction projects, including conducting due diligence and advising on zoning and land use restrictions, brownfield redevelopment, and green certifications, including LEED Silver, Gold and Platinum requirements.

Labor & Employment Issues

Our attorneys have extensive experience with labor and employment law issues unique to the construction industry, including:

  • OSHA. We assist clients with the development of OSHA policies and procedures, responding to inquiries and attending site inspections; negotiating the reclassification of citations and reductions in proposed penalties with Area and Regional offices; defending violation citations, including administrative enforcement hearings and appeals; and, crisis management in response to catastrophic accidents and fatalities on construction sites.
  • Traditional Labor Relations. We handle all aspects of labor relations with both union and nonunion workforces (often on the same project), including jurisdictional and other disputes involving multiple employers. We have extensive experience with Project Labor Agreements, prevailing wage, and other public procurement labor issues.
  • Wage and Hour. We represent employers in the construction industry in response to audits and actions under the Davis Bacon Act, as well as the Fair Labor Standards Act.
  • We assist construction industry and government contractor clients with affirmative action plans, WBE/DBE/MBE compliance, and OFCCP audits.
Litigation

Our award-winning litigators never shy away from a fight, but we also know that our clients are not in the business of litigation. We understand the importance of heading off costly conflicts, and assist our clients with risk mitigation and dispute avoidance. When disputes cannot be avoided, we guide clients through the contractual dispute resolution process. And at the end of the day, when necessary we try and win cases. We have successfully litigated virtually every type of claim that can arise from a construction project, including:

  • Additional and Changed Work Claims
  • Bid Disputes
  • Construction Fraud and Misrepresentation Claims
  • Contractor Default and Performance Bond Claims
  • Contractor, Subcontractor and Supplier Payment Disputes
  • Delay Claims
  • Design and Construction Defects
  • Disputes Involving Federal and State Contracting Requirements
  • Disputes Over Performance Requirements, Penalties and Payment Entitlement
  • Flow-down and Pass-through of Liability Disputes
  • Interference and Lost Productivity Claims
  • Unforeseen Conditions Claims
  • Wrongful Termination