Construction and Development - Real Estate - Litigation

CONSTRUCTION AND DEVELOPMENT

Business and Project Risk Management
Development and construction projects involve varied groups of people and business entities—many of whom have never worked together - in the development and manufacture of unique building projects. This environment creates many and varied risks to owners, developers, lending institutions, contractors and others involved in the process. That risk is the subject of vigorous negotiation by those who can identify and appreciate it. Effectively shifting risk away from a client while minimizing the attendant costs of doing so is one of the most valuable services an attorney can perform for its development and contractor clients. This firm provides a comprehensive, integrated approach to business strategies, project documentation and operational protocols that maximize protection against business hazards beginning with the acquisition of land through certification of occupancy and beyond.

The firm helps its clients manage risk by analyzing their needs, recommending appropriate strategies, negotiating and drafting legal instruments for the following:

• Selection and formation of the appropriate business entities and the provision of effective management strategies

• Land acquisition due diligence for entitlement and environmental issues

• The financing and purchase of real estate

• Effective utilization and management of design and entitlement consultants

• Obtaining available indemnification for its clients from other actors within the projects

• Obtaining all available insurance coverage from various sources within the project by analyzing exclusions in existing and proposed insurance policies, negotiating changes thereto or providing strategies for obtaining appropriate coverage by negotiating appropriate self insured retention limits, deductible limits, sublimits, aggregate limits and additional insured endorsements from other actors within the project.

• Providing appropriate remedies for perceived risks should a dispute arise

• Providing appropriate contractual representations and warranties

• Ensuring compliance with applicable laws and regulations including public contracting laws and prevailing wage requirements on public construction projects

• Making recommendations during the construction process and intervening when necessary to prevent project issues or miscommunication from developing into costly disputes

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LITIGATION

We have been involved in hundreds of claims and litigation matters involving construction projects. Those matters involved breach of contract claims by owners, general contractors and subcontractors, construction defect claims, soil subsidence, design professional malpractice, contractor-subcontractor disputes, mechanics' lien, stop notice and other actions involving construction related issues. Many years of experience in the industry allow us to quickly analyze the facts of a dispute and bring the issues of the case into sharp focus. This skill saves our clients the substantial time and money usually expended having staff—distracted from profitable activities—tied up educating an attorney regarding the significance of the many facts that come into play in such cases, hiring expensive consultants to educate the attorney, or both. We have experience representing contractors, design professionals, developers, and owners in connection with construction claims, including:

• Non performance and Non Payment

• Bidding Disputes

• Performance Bond Claims

• Payment Bond Claims

• Delay and Disruption Claims

• Extra Work and Change Order Disputes

• Defective or Nonconforming Work

• Contract Interpretation Disputes

• Performance of Design Professionals and Engineers

• Changing and Unforeseen Site Conditions

• Prosecuting and defending against mechanic's lien and stop notice claims

• Evaluation of insurance coverage available for defense and indemnification and pursuit of insurance coverage for the client and others involved in the litigation
  

We view all potential and actual litigation from a business perspective and recommend the most cost effective method of achieving our clients' goals. This often means utilizing one of many alternative forms of resolving disputes such as mediation, arbitration, combinations of the two or, where appropriate, judicial reference. These procedures often provide the privacy and expediency desired along with greater predictability than the traditional jury trial. When desired or required, traditional court litigation is pursued with competence and vigor. It is our business and passion to stay abreast of the latest legislation, regulatory rulings and legal opinions that actually or potentially affect our clients' business affairs. We are committed to providing owners, developers, contractors, architects, engineers, construction managers and others the business advice to create advantageous economic opportunities and the legal representation to solve problems when they occur.

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