Duane Morris LLP - Construction Group

Construction Group

Duane Morris has a national Construction Group. We have a strong local and national presence, with construction lawyers located in many of our offices around the United States and internationally. Accompanying our extensive geographic coverage, we provide a full range of legal services to clients engaged in all aspects of construction and government contracting, including contracting with public and private entities, bid protests and award disputes, complex contract claims and surety litigation, claims preparation and negotiation, contract defaults and terminations, alternative dispute resolution, environmental risk management, surety bond and insurance issues, contractor licensing matters, property damage claims, labor and employment counseling and OSHA compliance.

Our lawyers have frequently handled the legal problems common to entities engaged in the design, development, financing, performance and management of major construction and government projects. Our group includes attorneys who regularly represent prime contractors, public and private owners and developers, construction managers, subcontractors, equipment suppliers, architects/engineers and other design professionals, and sureties. This experience enables us to handle the complete spectrum of issues arising before, during and after project completion.

Our Construction Group lawyers frequently work with lawyers from the firm's other practice areas to address the many issues associated with any particular project, whether tax, finance, real estate, environmental or any other relevant issue. In addition, the firm's full panoply of services permits us to offer our clients sophisticated legal services that are coordinated and streamlined from coast to coast.

Range of Services

Contract Formation and Performance

The development of contract documents expressly allocating risk, responsibility and rewards for proper performance is essential to a successful project. Experience with numerous forms of contracts, from standard industry and government sources (including those of the American Institute of Architects, the Associated General Contractors of America, the Engineers Joint Contracts Documents Committee and the Construction Management Association of America) to customized documents, allows us to advise owners, developers, prime contractors, subcontractors, engineers, architects, other design professionals, sureties or other project team members, in forming and managing contractual relationships.

Claims Prevention

Our lawyers provide clients with construction project legal management - monitoring projects during construction to ensure client awareness of issues and potential pitfalls and addressing issues as they arise to prevent claims. Additionally, we welcome the opportunity to present seminars and written materials to our clients to educate their project managers, superintendents, engineers and others to the common pitfalls encountered on a construction project. Finally, with an eye toward claim prevention, we review contract forms and procedures so our clients are better able to avoid many situations that may otherwise generate claims or delays.

Construction Claims

Major construction projects, whether public or private, often give rise to mediation, complex litigation or arbitration. Our attorneys have handled all of the issues that traditionally arise, whether they involve payment disputes, insurance coverage, allegations of defective design or construction, changed or unforeseen conditions, delays, disruptions, loss of productivity or similar claims.

When possible, we seek to achieve an early and fair resolution of construction disputes without the expense and disruption of litigation. Our attorneys engage in all forms of alternative dispute resolution and mediation and attempt to present strategies to resolve disputes promptly and amicably. When early resolution is not possible, we litigate complex, highly technical construction claims in trial and appellate courts at both the state and federal levels, and before contract appeals boards and other administrative tribunals. We also represent clients in arbitration matters before domestic and internationally sanctioned panels.

Our attorneys frequently have calculated extended project costs and unallocated home-office overhead using all industry-recognized formulas. When appropriate, our attorneys work closely with claims consultants in a cooperative effort to maximize the benefits and minimize the risks for our clients.

Government Contracts and Bid Protests

Our attorneys provide a full range of services in connection with government contracts at the municipal, state and federal levels. Public projects require a knowledge of the procurement process, including bidding, contractor selection and awards processes, used by public agencies. We represent public owners, contractors, subcontractors, engineers, architects, suppliers and sureties in connection with government contracts and public bidding disputes. Our attorneys have litigated precedent-setting cases involving procurement laws and the awards process, and have written extensively on competitive bidding and related subjects. We regularly counsel clients concerning bidding requirements, compliance with requests for proposal/requests for qualifications and protecting bidder rights in connection with unfair discriminatory or otherwise illegal contract specifications. Our attorneys are knowledgeable about public procurement, maximizing opportunities to obtain contract awards, attacking awards improperly made and protecting awards from disappointed bidders.

Surety Default/Termination Claims

All public construction projects and many private construction projects require surety bid, performance and payment bonds. Through our representation of sureties, public owners and bonded contractors, we have handled the complex issues and claims that arise as a result of bidding disputes, defaulting contractors and/or subcontractors and failed construction projects that can result in the default or termination of a bonded contractor. Our attorneys also have handled numerous default terminations, negotiating no-cost terminations in many cases or obtaining terminations for convenience on behalf of improperly terminated contractors.

Architects, Engineers and Other Design Professionals

Our attorneys represent architects, engineers and other design professionals in matters relating to contractual issues whether the method chosen for project delivery is design-build, design and build, fast-track or any combination thereof and their relationships with owners, consultants, contractors or subcontractors, during the pre-design, design, construction and post-construction phases.

Our attorneys have defended or prosecuted claims by or against design professionals, and by or against professional liability insurance carriers. Our practice in this area is enhanced by attorneys who have actively worked in the field of the formation and management of design professional practices.

Labor and Employment

Our Employment Law Practice represents management on such far-ranging issues as Equal Employment Opportunity Commission concerns, wage and hour matters, personnel administration, Americans with Disabilities Act and Family Medical Leave Act compliance and related matters. In addition, we assist clients to comply with affirmative action requirements (when applicable) at the bidding stage and with respect to any audits or investigations that may occur. We also provide clients with representation in matters arising from union employment and labor-related problems.

Occupational Safety and Health Act (OSHA) Compliance Issues

The safety, health and well-being of employees is an important focus of today's workplace. Federal, state and municipal agencies continuously promulgate new regulations to protect individuals and property in the workplace. Our attorneys provide guidance to clients concerning the scope and application of these regulations, the liabilities attendant to their activities in ongoing projects and appropriate responses to issues arising during inspections or upon the issuance of citations.

Managing Environmental Risks

Environmental liabilities arising from construction projects, and the resulting risk to environmental engineers, contractors, owners, sureties and insurance carriers, is a critical and evolving area of law. Our environmental law attorneys regularly address and resolve environmental issues arising on construction projects.

Property Damage Claims

Property damage to projects during construction or to completed projects often give rise to complex claims for property damage against project participants and their insurance carriers. We have litigated numerous property damage cases, and our long history of dealing with insurance companies and claims adjusters adds value on questions of coverage and in settlement negotiations.

Participation in Construction Industry Groups

Our attorneys participate in and hold leadership positions in many construction industry organizations, including Associated General Contractors of America, American Institute of Architects, American Bar Association Construction Litigation Committee, American Bar Association Forum on the Construction Industry, Construction Financial Management Association, Design-Build Institute of America and the Construction Law and Litigation Committee of the International Association of Defense Counsel.

For More Information

For more information, please contact Robert A. Prentice or any of the practice members referenced in the Attorney Listing.

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