Construction

Overview

Construction projects, whether large or small, depend upon a combination of experienced professionals to achieve the best results. Our Construction Practice attorneys help clients meet their unique project goals by providing legal counsel and advice on myriad issues that might arise at any stage of their projects. We work with our clients to understand, minimize, and balance the known and unknown risks and uncertainties that are inherent to construction projects. Our construction clients span across the United States and Canada, and include public and private owners, architects, engineers and other design professionals, contractors, builders, subcontractors, suppliers, insurers, and lenders. Like any successful construction project, our Construction Practice operates through a team-based model. That approach facilitates flexibility and client access to the attorneys within the practice group who possess the knowledge and expertise best suited to address our clients’ specific needs or questions, whether that be project planning, transactional and contract work, finance, dispute resolution, or other construction-related sub-specialties.

Our Construction Practice team has the breadth, talent, and experience to offer clients a full-service experience over the lifespan of their contracts and projects. All of our construction clients also have access to the expansive resources of a full-service law firm and access to experienced attorneys in other disciplines that may relate to ancillary aspects of your project, from Environmental Law to Labor Law to Tax Law, and almost everything in between. We believe this allows us to represent our clients in an efficient and comprehensive way that delivers superior service. We invite you to see the Hodgson Russ difference for yourself.

Our Experience

Public and private construction project planning
Negotiation and drafting of project-related agreements
Real estate acquisitions, leasing, and title
Transactional project acquisitions and sales
Construction project financing, capital projects, and bond issuance
Environmental review and compliance
Public and private construction project bidding and contract awards
Project labor agreements
Construction contract administration and interpretation
Contractor defaults and performance disputes
Design defect and product defect claims
Mechanics and Public Improvement Liens
Non-payment disputes
Liquidated damages, offsets, and back charge claims
Payment and Performance Bonds
Construction defect and warranty claims
Bodily injury and property damage claims
Premises liability claims
Defense and indemnification claims
Occupational Safety and Health (OSHA) inspections and compliance
Dispute Resolution and mediation, arbitration, and litigation in State and Federal courts
CPLR Article 78 proceedings

Project Planning and Transactional Work

Our team understands that the underpinnings of a successful construction project are not the poured concrete, bid specifications, or construction-ready architectural blueprints. The project planning and contracting phases that come well before final designs and physical construction are what create the foundation for your project to be successful, whether you are an owner, architect, engineer, construction contractor, or other construction professional or trade.

Our Construction Practice attorneys are frequently engaged on client-owned or client-developed projects at inception, during the planning stage, where we assist in the development of their project plan. We work with our clients to identify legal requirements and a strategic path forward to satisfy them. Our attorneys assist both public and private owners with real property acquisition and title issues, project planning, publication and disclosures, financing or public bond issuances, public referendum issues, environmental evaluation and remediation issues, and the securing of necessary governmental approvals.

Negotiation and Drafting of Contracts

Our Construction Practice attorneys regularly engage in negotiation and drafting of public and private contracts on behalf of owners, architects, engineers, and contractors for projects of all sizes, types, and significance. We have experience with a full range of construction agreement types, including owner-contractor, owner-designer, design-build, construction management, owner-architect, joint venture, contractor-subcontractor, supply agreements, and vendor agreements.

Our team understands the importance of protecting our clients’ interests and promoting their project goals, while simultaneously identifying and balancing risks during the negotiation and contracting stage of the project and continuing through the life of the project—and sometimes beyond. Through preparation, counseling, and planning, we help our construction clients avoid or mitigate surprises and disruptions during the progression of their projects, helping them to achieve timely and successful outcomes.

Claims and Dispute Resolution

Despite best efforts and preparation, those with experience in the construction industry know that projects don’t always proceed as planned. Unexpected situations sometimes arise at the very outset that spawn disputes, such as bidding discrepancies or non-responsive bids, bid protests, contractor disqualifications or non-responsibility determinations, non-compliance with minority and woman owned business enterprise (MWBE) or service disabled veteran-owned business (SVDOB) goals, State Environmental Quality Review Act (SEQRA) compliance concerns, or public or private court challenges to either the project as a whole or the award or non-award of a contract to a particular contractor. Our construction litigation team is well-versed with bidding, contractor qualification, and public contracting and compliance issues. We regularly represent clients in CPLR Article 78 proceedings where these and other types of challenges may impact the commencement or progression of construction.

During the life and administration of almost every construction project, unexpected circumstances are likely to arise that require legal advice and input, such as questions involving contractual interpretation, the exercise of rights under various agreements, legal compliance with statutory or regulatory obligations, performance obligations, unforeseen conditions, or Occupational Safety and Health Act (OSHA) inspections and compliance obligations, to name just a few. Whatever the issue, our Construction Practice attorneys work with our clients to provide advice, guidance, and strategies in an effort to address all of these types of questions and concerns in practical and efficient ways that minimize disruption to their projects or performance and progression of work.

When construction-related claims or disputes do arise, our experienced team of construction litigation attorneys stand at the ready to protect our clients’ interests and help them to understand and exercise their contractual options and rights. We commonly provide advice and representation to clients with respect to delay claims, contractor performance disputes, disputes over change orders and change directives, contractor defaults and termination issues, offsets and charge backs, claims for additional time or compensation, non-payment disputes, defective work claims, incomplete work, design defect claims, product defect claims, warranty issues, bodily injury and property damage claims, mechanics and public improvement liens, payment and/or performance bond claims, insurance procurement and coverage obligations, liquidated damages clauses, indemnification provisions, and force majeure clauses. Our Construction Practice litigators have extensive experience representing our clients in both formal and informal dispute resolution settings. We regularly represent clients in mediations, arbitrations, and State and Federal court proceedings. And we have a proven track record of success.