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Construction Law
Bidding and Bid Protests
Contract Formation
Contract Interpretation
Breach of Contract
Remedies/Damages
Default/Termination |
Changed Conditions
Changes/Extra Work
Delays/Impact Costs
Defects and Failures
Professional Liability
Environmental Issues |
Insurance
Construction Manager Liability
Dispute Resolution
Mechanic's Liens
Safety
Payment and Performance Bonds |
Mechanic's Lien
A mechanic's lien protects the rights of those who remain unpaid for improvements made in connection with a private and or public project. Our legal services include the prompt preparation and filing of a lien as well as enforcement through a lien foreclosure action.
In addition, we can protect your rights when a lien has been wrongfully placed against your premises by bringing an action to dismiss the lien, including a claim for willful exaggeration of a lien amount.
Surety Law
All public construction projects and many private construction projects require surety performance and payment bonds. Our office specializes in all facets of surety law including, but not limited to, the preparation and prosecution of payment bond claims.
In addition we handle the complex issues and claims that arise as a result of defaulting contractors and failed construction projects that can result in the default or termination of a bonded contractor.
Commercial Litigation
Our firm specializes in all aspects of commercial litigation which involves a wide range of general corporate and commercial disputes, including, but not limited to:
- Breach of Contract
- Breach of Fiduciary Duty
- Business Torts, including Tortious Interference with Economic Relationships
- Buy/Sell Agreements
- Debtor/Creditor Disputes
- Fraud
- Partnership Disputes
- Uniform Commercial Code (UCC)
Claim Avoidance
Claim avoidance is akin to preventive medicine in that the goal is to minimize the risk of potential construction related problems before they arise. Often simple revisions to contract provisions prior to its execution can avoid the common pitfalls contained in many construction contracts. Similarly, identifying the numerous notice and exculpatory provisions contained in most public improvement contracts, and ensuring that they are complied with, is more often than not the difference between a successful construction claim and one that fails for lack of timely notice.
In claim avoidance, the object is to anticipate the risks that may arise during the preconstruction phase and determine the appropriate means of resolving these risks through the contracting process. The services that we provide in both the preconstruction and construction stages of the project include:
- Drafting, reviewing and negotiating construction contracts;
- Providing advice on contract interpretation and critical notice provisions;
- Assisting clients in properly documenting claims and change orders; and
- Advising clients on the proper records to maintain during a project such as daily reports, meeting minutes and updated schedules
From our experience, identifying and addressing construction claims and disputes before they arise produces a more cost- effective and amicable result, than waiting until the end of the project when the parties’ positions have hardened and they are more geared towards litigation or arbitration.
Claim Preparation
Major construction projects, whether public or private, often give rise to claims involving changed or unforeseen conditions, delays, disruptions, loss of productivity and other time related claims.
Our office specializes in the preparation of complex delay claims which typically consist of a comprehensive analysis of the various project delays, extended project costs and home-office overhead, utilizing industry recognized formulas. When appropriate, we work closely with claims consultants in an effort to maximize the benefits for our clients.
In addition to claim preparation, we represent clients in their various disputes with public owners pursuant to ADR provisions contained in most City and Government contract.
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