Construction
Contact: Loring A. Cook, III
Contact: Michael J. Donnelly
For more than 55 years our firm has been recognized as a leader of the construction bar, successfully representing owners (public and private), developers, general contractors, construction managers, architects, engineers, subcontractors, material suppliers and sureties in all aspects of the construction industry. Our lawyers are experienced in all phases of the construction process, including development of initial project concepts, land acquisition and permitting, financing, contract negotiation, preparation of bid and contract documents, bid protests, construction administration, claims preparation, negotiation, mediation and/or litigation and final project closeout. Our experience reaches virtually every type of construction project: commercial, residential, recreational (stadiums and arenas), military, educational, health care, retail, heavy construction, infrastructure, historic, manufacturing, hotel, airport, domestic, international, public and private.
Our lawyers bring to the practice years of practical knowledge and actual experience in the construction industry. We are active members of industry trade groups such as National Association of Industrial and Office Properties, Associated General Contractors of Massachusetts and Connecticut Construction Industries Association and are frequently asked to lecture and present programs to industry professionals and other lawyers. In addition to representing clients, a number of our lawyers serve as arbitrators, mediators and masters in complex construction disputes. We know the construction process and use this knowledge to develop strategies and approaches to deliver the highest level of legal services in a cost effective manner.
Our services include:
We prepare and negotiate all forms of complex design and construction agreements, including lump sum, cost plus, design-build and fast track contracts. Often these contract documents are included in the bid package for projects. Our lawyers are knowledgeable and experienced in the risk allocation process, a crucial element of every agreement.
Because of our experience, we can offer valuable assistance during the actual building process. Often we will conduct seminars for our clients highlighting important contractual and statutory provisions and procedures. Throughout the term of the project we assist clients by analyzing and interpreting contracts and by planning and taking steps to resolve issues or to preserve claims or defenses. We are familiar with insurance issues and programs, including the Owner Controlled Insurance Program and the Contractor Controlled Insurance Program. We have the experience to handle construction insurance disputes in the event an insurer declines coverage and/or defense, or issues a reservation of rights letter. We also assist our clients in the myriad of issues involving mechanic's lien rights.
A significant portion of our practice involves the preparation and presentation, as well as defense, of complex construction claims. Our lawyers have extensive experience with claims involving changes, unanticipated subsurface conditions, defective work, delay, suspension, interference, acceleration, defective design documents, damages and other claim issues.
Our lawyers successfully prepare and try cases in the federal district courts, state trial courts, Court of Federal Claims, Armed Services Board of Contract Appeals and other administrative bodies, and we are equipped to handle any appeals that may result from such trials. Also, we have been in the forefront of alternate dispute resolution, including arbitration, mediation, dispute resolution boards, mini-trials, partnering and settlement negotiations for all types of construction claims including international claims. In addition to representing clients, a number of our lawyers serve as arbitrators, mediators and masters in complex construction disputes, providing us with a unique insight into the decision-maker's perspective.
Our lawyers know the importance of bonds to the construction industry. We advise owners, contractors and sureties on bid, payment, performance and mechanic's lien bond issues. We also advise and assist our clients in their relationship with surety companies. We have extensive experience in negotiating indemnity agreements with surety companies and defending claims brought under these agreements.
We have hands-on experience in administering the completion of troubled projects. This experience includes preparation of completion bid packages, overseeing the award of contracts, monitoring and arranging for supervision of the completion of the work and termination and default claims.
All construction projects are complex, regardless of the dollar value of the particular project. In order to deliver cost effective legal services, we have developed methods for document and information organization so that data can be retrieved quickly and efficiently. Our lawyers also can employ early case assessment and budgeting techniques to assist clients in managing and controlling litigation costs and expenses.
