Project Counseling and Risk Management

We are best known for our ability to identify business opportunities quickly, anticipate potential problems throughout the construction phase, and proactively manage obstacles to progress by executing innovative solutions that mitigate strife, expensive delays, and costly project disruption.

During the pre-development phase of a construction initiative, we advise on issues that range from establishing the most appropriate business entity to implement our clients’ goals, to negotiating issues of concern regarding entitlement, development rights, permitting, and variances, to resolving any environmental and/or land use issues, to advising on all licensing and permitting matters.

We negotiate and document all varieties of contractual arrangements, including prime construction contracts, subcontracts, design/build contracts, architect/engineer contracts, and construction management contracts. Whether we represent the owner or the contractor; whether the project will be paid by lump sum, cost plus, or other basis; and whether the contract is a standard form AIA, AGC, or EJDC agreement or is specifically drafted, our attorneys effectively analyze and address the inherent risks involved in the venture at hand.

Moreover, we are appreciated for structuring relationships and arrangements that seek to increase the success of a project and minimize the prospects of litigation, delays, and cost overruns. We strive to conserve client time and money during the course of the construction endeavor. Our expertise in a variety of legal disciplines allows us to advise on the ongoing construction issues that occur throughout the entire construction project, including:

• Obtaining payment and performance bonds
• Procuring permits and variances from governmental agencies
• Licensing, certification, and de-certification
• Analyzing and resolving unanticipated environmental issues
• “Sick building” and indoor air quality challenges
• Labor and employment matters, such as OSHA requirements/compliance, workers’ compensation, minority hiring, and the like
• Negotiating change orders and requests for time extensions
• Performance and payment bond issues
• Unforeseen site conditions and defective plans/specifications
• Insurance provisions and coverage
• Execution, recording, and service of preliminary notices, mechanic’s liens, stop notices, and notices of nonresponsibility
• Construction lenders’ disbursement obligations after stop notices have been served
• Project close-out negotiations
• Early dispute resolution while your project is ongoing