Contractor Disputes

Construction law builds upon general legal principles and methodologies and incorporates the regulatory framework (including security of payment, planning, environmental and building regulations); contract methodologies and selection (including traditional and alternative forms of contracting); subcontract issues; causes of action, and liability, arising in contract, negligence and on other grounds; insurance and performance security; dispute resolution and avoidance.

Construction law has evolved into a practice discipline in its own right, distinct from its traditional locations as a subpractice of project finance, real estate or corporate law. There are often strong links between construction law and energy law and oil and gas law.

Some of the major areas a construction lawyer covers are:

  • Alternative Dispute Resolutions
    • Arbitration
    • Dispute Review Boards (or other third party reviews)
    • Mediation
    • Structured negotiations
  • Bankruptcy issues for contractors, owners, suppliers, etc.
  • Bidding (tendering) disputes
  • Building and other permits
  • Building information modeling
  • Contract law
    • Change Orders (Variations)
    • Construction claims
    • Construction liens
    • Wage requirements (Davis-Bacon Act, etc.)
    • Payment and Prompt payments acts
    • Extensions of time
    • Drafting construction contracts
    • Industry-standard construction contracts
    • Negotiating construction contracts
    • Negotiating a termination claim, whether for convenience or for default
  • Defective design or construction
  • Delays and acceleration
  • Employment Law including Immigration
  • Environmental matters in construction
  • False Claims Act(s)
  • Fire codes and regulations
  • Fulfilling regulations for non-discrimination or other social impact legislation
  • Insurances issues
    • Damage, liability
    • Indemnification
    • Surety Law (Payment and Performance Bonds)
  • Labor issues and strikes
  • Licensing construction professionals
  • OSHA, and other federal agencies
  • Overinspection
  • Project delivery systems, such as design-bid-build, Design-Build, Construction Manager (CM) at Risk or Agency CM
  • Provide defense to businesses facing administrative actions such as delisting (loss of bid listing)
  • Provide legal counsel
  • Public construction
    • Federal construction under FAR or other regulated procurements
    • State contracting procedures
  • State and local building codes
  • Sustainable construction, e.g. LEED
  • Litigation: trying construction cases in court
  • Violations, safety or other regulatory

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