Duane Morris LLP - Construction Group

Related News [ more ]

Duane Morris Practice Groups, Partners Honored by Chambers
Two Duane Morris Construction Litigators, Edward Gentilcore and Richard Lowe, Named Fellows of the Litigation Counsel of America
Duane Morris Partner Albert Bates, Jr., Named Fellow of the College of Commercial Arbitrators

Upcoming Events

Duane Morris Partner Richard Lowe to Be Keynote Speaker at Microsol Resources Executive Breakfast Series Program on New BIM Contracts
Duane Morris Partner Daniel E. Toomey to Moderate Panel at the ABA Forum on the Construction Industry Fall Conference
Duane Morris Partners Edward Gentilcore and Richard Lowe to Speak at Pennsylvania Institute of Certified Public Accountants Annual Construction Industry Conference

Construction Group

Duane Morris' Construction Group has a strong local, national and international presence, with practice group attorneys located in many of our offices in the U.S. and around the world. The group's lawyers 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
Owner/developer project management representation
Construction administration services
Complex contract claims and surety litigation
Claims preparation and negotiation
Contract defaults and terminations
Federal procurement issues
Alternative dispute resolution
Advising regarding BIM, LEED and green building issues
Environmental risk management
Bid, Payment and Performance Surety bond and insurance issues
Risk management
Mechanic's liens
Contractor licensing matters
Property damage claims
Labor and employment counseling
OSHA compliance and workplace safety issues

Duane Morris lawyers handle the legal challenges common to entities engaged in the design, development, financing, performance and management of major construction and government procurement contracts. Our national practice 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.

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, energy and, when necessary, white-collar criminal defense, corporate investigations and regulatory compliance, or any other relevant issue. In addition, the firm's full panoply of practices enables Duane Morris to offer clients sophisticated legal services that are coordinated and streamlined from coast to coast and internationally.

Range of Services

Contract Formation and Performance

Developing contract documents that expressly allocate the risk, responsibility and rewards for proper performance essential to a successful project.
Utilizing the Construction Group's considerable experience with numerous forms of contracts, from standard industry and government sources (including those of the American Institute of Architects (AIA), the Associated General Contractors of America (AGC), the Engineers Joint Contracts Documents Committee (EJCDC) and the Construction Management Association of America (CMA)) to customized, manuscripted documents to develop the most appropriate form of contract for the project or task involved.
Advising owners, developers, prime contractors, subcontractors, engineers, architects, other design professionals, sureties or other project team members, in forming and managing contractual relationships.

Claims Prevention

Providing 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.
Presenting 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.
Reviewing contract forms and procedures so our clients are better able to avoid many situations that may otherwise generate claims or delays.

Construction Claims

Handling the panoply of construction claims including changed or unforeseen conditions, delays, disruptions, loss of productivity, acceleration, payment disputes, insurance coverage and allegations of defective design or construction.
Attempting, where possible, to achieve an early and fair resolution of construction disputes without the expense and disruption of litigation.
Calculating extended project costs and unallocated home-office overhead using all industry-recognized formulas, recommending qualified consultants to do so, and, where appropriate, working closely with claims consultants in a cooperative effort to maximize the benefits and minimize the risks for our clients.
Engaging in all forms of alternative dispute resolution, including mini-trials, mediations, and arbitrations and attempt to present strategies to resolve disputes promptly and amicably short of full-blown litigation.
When early resolution is not possible, litigating complex, highly technical construction claims in trial and appellate courts at both the state and federal levels, before contract appeals boards or other administrative tribunals and in arbitration of matters before domestic and internationally sanctioned panels. Our attorneys have considerable experience before all of these tribunals.

Government Contracts and Bid Protests

Providing a full range of services in connection with government contracting at the local, state and federal level, and with international agencies.
Advising clients regarding the procurement process, including bidding, contractor selection and awards processes used by public agencies.
Representing contractors, subcontractors, engineers, architects, suppliers and sureties in connection with government contracts and public bidding disputes.
Duane Morris attorneys have litigated precedent-setting cases involving procurement laws and the awards process, and have written extensively on competitive bidding and related subjects.
Regularly counseling clients regarding claims arising under government contracts, including analysis of entitlement and claims pricing issues, and claims notification and certification requirements.
Representing clients in resolving claims arising under government contracts through alternative dispute resolution procedures, arbitration and litigation.

Default/Termination Claims and Surety Practice

Handling the complex issues and claims arising as a result of contractor and/or subcontractor default terminations and failed construction projects that can result in numerous payment and performance bond claims and/or default or termination of a bonded contractor.
Duane Morris Construction Group's attorneys have had the benefit of having represented all sides of such disputes, including public and private owners, bonded contractors, subcontractors, suppliers and sureties. This breadth of experience provides our clients with unique insights into handling default terminations, negotiating no-cost terminations in many cases or obtaining terminations for convenience on behalf of improperly terminated contractors as well as working and negotiating with, and/or litigating for and against sureties relating to payment and performance bond claims and indemnity obligations.

Architects, Engineers and Other Design Professionals

Representing architects, engineers and other design professionals in matters relating to contractual issues via project delivery systems such as design-build, design-bid-build, fast-track or any combination thereof and advising on their relationships with owners, consultants, contractors or subcontractors, during the pre-design, design, construction and post-construction phases.
Defending or prosecuting claims by or against design professionals, and by or against professional liability insurance carriers. Our practice in this area is enhanced by our attorneys' direct experience in 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 (Davis-Bacon) matters.
Personnel administration, Americans with Disabilities Act and Family Medical Leave Act compliance and related matters.
Assisting clients' compliance with affirmative action requirements and First Source requirements (when applicable) at the bidding stage and with respect to any audits or investigations that may occur.
Providing clients with representation in matters arising from union employment and labor-related problems.

Occupational Safety and Health Act (OSHA) Compliance Issues

Keeping clients abreast of the ever-changing health and safety regulations promulgated by federal, state and municipal agencies continuously to protect individuals and property in the workplace.
Providing 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 subpoenas and/or citations.

Managing Environmental Risks

Working with firm's environmental attorneys to keep abreast of environmental risks on construction projects such as federal RCRA and CERCLA liabilities and compliance with state statutes and regulations.
Representing environmental engineers, contractors, owners, sureties and insurance carriers in addressing, assessing risk and resolving environmental issues on construction projects.

Property Damage Claims

Representing owners, contractors and other project participants in claims which often become very complex, arising out of property damage to projects during construction or to completed projects.
Drawing on extensive experience in litigating numerous property damage cases, and our long history of dealing with insurance companies and claims adjusters, adding 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
Public Contract Section of the American Bar Association
American Bar Association Construction Litigation Committee
American Bar Association Forum on the Construction Industry
Construction Financial Management Association
Design-Build Institute of America
International Bar Association
London Court of International Arbitration
Washington Building Congress
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.