Baker Donelson's construction team advises on all phases of construction projects, from design and planning, to contract negotiation, preparation, bidding and review, construction, E&O defense, insurance coverage and claims, surety/bond issues, and dispute avoidance and resolution. We have advised on a wide range of construction projects throughout the United States and in various international venues.
Our clients include virtually every type of participant in the construction and development process: owners, developers, contractors, subcontractors, suppliers, equipment lessors, design professionals, sureties, insurers, and consulting and management firms.
We understand the intricacies of the construction industry. Our team includes attorneys who are engineers as well as others who have backgrounds designing and drafting HVAC, plumbing, mechanical and electrical systems. We have some of the only attorneys in our geographic region who have earned Leadership in Energy and Environmental Design (LEED) AP status. Our team also includes lawyers who are Fellows in the prestigious American College of Construction Lawyers. Over the years, our team has developed particular experience in health care, hospitality, government contracts, higher education, manufacturing, infrastructure, power generation and disaster relief projects.
Construction Contracts and Project Representation
A well-drafted contract is often the best defense against litigation. Our team has more than 100 years of combined experience handling construction projects from idea inception through project completion. We advise on a full range of issues, including licensing and insurance requirements, indemnity provisions, liquidated damages, performance and schedule guarantees, and issues surrounding LEED projects. We negotiate critical contract provisions relating to unforeseen conditions, defective or non-conforming work, time extensions, progress and final payments, warranty and lien claims, additional compensation and project closeout.
Dispute Resolution
We represent our clients in disputes at all tiers of the state and federal court systems throughout the country, as well as before state and federal administrative agencies and contract appeals boards. We have handled a wide variety of claims, including:
- Bid protests
- Delay and disruption
- Incomplete or defective design
- Warranty of specification suitability
- Inadequate and uncoordinated project management
- Slope and shoring failures and other soils-related problems
- Denial of site access
- Defective materials and equipment
- Improper inspection
- Failures of concrete and other structural elements
- Safety violations
- Environmental hazards
- Mechanic's liens, materialman's liens and bond claims
We also have deep experience advising on professional liability claims against architects and engineers. We have the specialized knowledge required to evaluate and litigate such claims as well as a sensitivity to the fact that the professional reputation of the architect or engineer is on the line.
In certain cases, the costs of litigation outweigh the value of the claim, and clients rely on our in-depth experience in mediation and arbitration. We also assist in dispute resolution as mediators and arbitrators.