Construction Law and Litigation
The firm’s heritage is in construction law. Clients do not spend money educating us about the fundamentals of construction law. We know these principles well and in many cases helped develop them. We are substantively informed and experienced, and we strive to provide our clients results-driven and cost-effective advice in all aspects of construction contracting and dispute resolution in both public and private construction. Our experience includes construction projects of all kinds, from horizontal transportation facilities, such as highways and bridges, to vertical facilities such as high-rise towers and commercial centers — and everything in between.
Although a major component of the firm’s construction practice involves litigation of recurring construction project issues such as cost overruns, differing site conditions, changes and extra work, and construction defects, we routinely assist clients during pre-contract activities, including proposal preparation, bid protests, contract preparation and negotiation, and related licensing matters. Once projects are underway, we assist in the project delivery phase to realize successful projects without expensive disputes by developing solutions to daily business problems.
Suretyship is another critical aspect of major construction projects and major construction litigation. We have guided surety clients through contract defaults by negotiating with principals, dealing with take-over agreements, and addressing payment and performance bond claims. On the other side of the ledger, we have litigated numerous indemnity actions and counseled sureties in recovery of amounts properly payable from an owner in the event of default by a principal.
A relatively new but growing aspect of our practice concerns the technology related to transportation facilities. Years ago, that technology was as simple as digital scales or weigh-in- motion equipment at truck weigh stations. Now, intelligent transportation and modern technology are more centered on the context of open road tolling, all-electronic tolling, back offices for tolling facilities, and the like. During our involvement in projects undertaken for some of the largest transportation technology companies in the world, we have navigated the nuances of issues like business rule development, submission and commentary on deliverables, key performance indicators, and all of the other unique nuances contained in the contracts and specifications related to operation of modern toll facilities, thus positioning us to identify, address, and resolve disputes and problems arising on such projects.