Construction

Leech Tishman’s Construction Practice Group offers clients a unique perspective and an inside edge on construction-related legal matters: a team of lawyers with a solid background in all aspects and disciplines within the construction industry. Our legal team includes lawyers who have been employed within the industry as well as in law firms. This experience, combined with legal knowledge and many years of involvement with public and private sector project development, project design, project delivery, and dispute resolution, allows our team to approach complex construction matters with the technical insight, common sense, and seasoned experience necessary to anticipate, identify and resolve legal issues, manage risk, and provide guidance to our clients at any stage in their design, construction and operating facility activities.

Our domestic and international representation of contractors, specialty contractors, architects, engineers, public agencies and institutions, private owners, developers, insurers, utilities and property managers has given us a breadth of experience in the wide range of commercial, industrial, energy, oil and gas, petrochemical, infrastructure, hospitality, environmental, consultancy, marine, healthcare, retail, residential and governmental/public works design/construction/development projects and an understanding of the construction business as well as the construction law. Leech Tishman lawyers are routinely called upon at the onset of a project to assist with structural and contractual matters which are intended to reduce the potential for costly claims; we are often contacted throughout the lifecycle of a project to address emerging issues so that claims can be avoided or mitigated.  Our firm is also skilled in alternative dispute resolution methods and is prepared to assist with mediation, arbitration or litigation when necessary and in the best interests of our client.

Our Construction Practice Group regularly utilizes the resources of other lawyers in the firm, such as those in our firm’s Real Estate and Government Relations Practice Groups, as many construction transactions involve a real estate development or governmental component or benefit from advice related to employment, taxation and similar matters. Through seamless communication between our practice group teams, we endeavor to anticipate potential roadblocks in the legal process before they become a problem, in order to help ensure the success of your project.

Our Construction Practice Group lawyers are well-respected in their field, have authored numerous construction-related articles and are frequently called upon to present seminars on construction law matters. We actively lead and participate in organizations such as the ABA Forum on the Construction Industry, the Associated General Contractors of America, and the American Institute of Architects. We are prepared to become an active member of your project management team.

Our Construction Practice Group has experience in the following areas:

  • Contract Drafting, Negotiation and Risk Assessment
  • Evaluation of Alternatives and Structuring of Project Delivery Systems
  • Bidding Processes, Corrections, Withdrawals and/or Bid Protests
      • Review/Response to Bid Packages
      • Compliance with Government Competitive Bidding Requirements
      • Counseling on Alternative Procurement Methods
  • Scope of Work/Specification/Change Order Issues
      • Presentation of Challenges to Sole-Source/Proprietary Specifications
  • Owner/Designer/Contractor/Subcontractor/Supplier Day-to-Day Issues
      • Negotiation and Drafting of Construction Documents, Loans, Contracts and Claims (AIA, AGC, Consensus and Custom Form Contracts)
      • Dispute Resolution
      • General Counseling
      • Developer Representation
      • Due Diligence
      • Wrongful Terminations
  • Scheduling/Multi-Prime Coordination Issues
      • Intra-Prime and/or Owner-Prime Disputes on Public Works Projects
  • Risk Mitigation
      • Analysis of Uninsurable Risks and Subsequent Contract Drafting
  • Construction Insurance Matters, including Coverage Negotiation and Claims
  • Prosecuting/Defending Design Professional and Mechanics’ Lien Actions and Bond Claims
      • Representation of Sureties, Principals and/or Obligees on Bonded Projects
  • Project Finance
      • Loan Modification
      • Refinancing/Restructuring/Workouts
  • Project Documentation
  • Labor Relations/Employment Law/Project Labor Agreements
      • National Labor Relations Board Proceedings
      • Prevailing Wage Claims
      • ERISA Litigation
  • Contract Compliance/Termination/Close-Out and Equitable Adjustment
  • Construction Defect Disputes/Warranty Claims
      • Defective Design Claims
      • Fabrication Claims
      • Construction Claims
      • Latent Defect Claims
  • Public-Private Partnerships
  • International Projects, including Projects Involving Onshore and Offshore Scopes
  • Collections
      • Pursuit of Owners and/or Subcontractors for Payments Due in the Course of Any Given Project
  • Litigation
      • Breach of Contract
      • Negligence
      • Mechanics’ Lien
      • Prevailing Wage
      • Contractor/Subcontractor Payment
      • Improper Termination of Contract
      • Non-Performance
      • Premises Liability
      • Delay/Inefficiency
  • Alternative Dispute Resolution
      • Early Neutral Evaluation
      • Mediation
      • Arbitration
  • Title III ADA Construction/Access Litigation
  • Delay, Acceleration, Efficiency, Impact and other Claims
  • Safety & OSHA Matters
  • General Construction Law Counseling and Operational Strategy
  • Zoning/Planning
  • Environmental Remediation/Asbestos Abatement