One of the first decisions when embarking on any construction project is the proper form of project delivery, and we offer legal advice to help clients make that decision. We will advise clients on all types of delivery methods, including design/build, construction management, multi-prime, and fast-track. After choosing a method, we negotiate the contracts and provide advice on such issues as change order management, construction delays, design defects, mechanics liens, warranty issues, insurance procurement, project labor agreements, default and insolvency, and government requirements (including the Americans with Disabilities Act).
Critical in the contract negotiation phase is maximizing the protection of a client’s interests while getting to a deal, interests, evaluating appropriate insurance coverage, and allocating risk as appropriate while balancing the cost of risk shifting. To accomplish this, we will examine issues such as the responsibilities of each party, schedule constraints, documentation, expenses, basic and additional services, warranties, costs estimates, site visits, differing site conditions, default and termination, safety issues, indemnification, payment, and dispute resolution.
We help clients create a team environment. Crafting a contract that encourages teamwork among participants helps avoid disputes. Although problems will occur on complex projects, a team environment encourages a cooperative rather than adversarial response. A positive environment maximizes the possibility that clients will spend less time and money engaged in disputes with team members or resolving the disputes of others.
Creative use of dispute resolution clauses creates more options for resolving a dispute economically and avoiding litigation. Because our experience in alternative dispute resolution includes both advocating for clients and serving as neutrals, we understand the process and bring a broad perspective and depth of experience to almost any dispute.