Many years of experience are behind LeClairRyan’s widely acknowledged leadership position in the practice of construction law in the Mid-Atlantic and Northeast regions. Our attorneys represent clients in all aspects of the construction industry, including property owners, real estate developers, design professionals, general contractors, government contractors, subcontractors, suppliers, manufacturers, architects, engineers, sureties, and insurers. We are knowledgeable and experienced in all manner of legal issues associated with construction projects and activities in both the public and private sectors.
Construction litigation tends to be highly complex, and the attorneys on our Construction Law team have the experience needed to manage large cases in the most effective and efficient manner. Our capabilities are no less compelling when it comes to smaller cases. Indeed, no matter how large or small a client’s case may be, we have the resources, personnel, and flexibility to put together a balanced team of seasoned partners and associates tailored to meet every client’s specific needs. We maintain a steadfast focus on providing excellent legal services along with reasonable legal bills.
Our Construction Law team includes attorneys who serve as first chair counsel for national companies in billion-dollar construction disputes. We have handled a broad array of cases in this area, ranging from disputes over the construction of a power plant to disputes over delays in public construction projects, and our attorneys have the litigation experience to guide all types of cases to a successful conclusion. Our experience in construction litigation includes involvement in cases related to construction defects, design defects, negligent performance of work, non-payment, contract defaults, contract terminations, contract and project changes, delay claims, suspensions of work, stop work orders, labor inefficiency, bid mistakes and protests, OSHA claims and compliance, mechanic’s liens, and more.
Our proactive approach to the practice of construction law means that our attorneys not only provide excellent litigation services when called for, they also work diligently to prevent our clients from becoming embroiled in litigation in the first place. We have extensive experience in trying construction cases in federal and state courts and before arbitration tribunals around the country, and we are able to leverage that experience to our clients’ benefit in areas such as the drafting and negotiating of construction contracts. We stay in constant communication with our construction clients, advising them on ways to avoid disputes, limit exposure to liability, maximize the likelihood of positive outcomes in litigation, and minimize legal costs.
Sureties and Surety Bond Companies
We have extensive experience in representation of sureties and surety bond companies, including:
- Coverage issues
- Miller Act, state statutory law, and common law bonds
- Takeover and completion duties and responsibilities
- Negotiation of appropriate takeover, completion, and finance agreements
- Payment claims investigation and challenges and defenses to payment
- Recovery under rights of subrogation, indemnity, and guaranty
- Asserting rights, claims, remedies, and interests, as well as litigating in bankruptcy cases, state and federal court proceedings, and class actions by statutory trust claimants and others
- Arbitrations and administrative proceedings.
Contractors
With respect to contractors, we have a notable track record when it comes to resolving disputes and recovering payment in cases where policy exclusions purport to limit coverage and payment recovery.
Other Services
Attorneys on LeClairRyan’s Construction Law team also provide a wide range of additional services to our clients, including participating in and conducting mediations, arbitrations, and consultations. We draft and review contract documents, including cost-plus and guaranteed-maximum-sum contracts; design/build agreements, including legal aspects of specifications; construction management agreements; and architect/owner contracts. Our team members prepare draft project correspondence, perform schedule and claim analyses, and prepare claim submissions. When necessary and appropriate, we aggressively pursue and defend our clients’ interests in litigation before administrative tribunals and agencies, before state and federal courts at the trial and appellate levels, and before bankruptcy courts in both Chapter 11 reorganization and Chapter 7 liquidation cases.
Representative engagements:
- Represented the Bechtel and Parsons Brinkerhoff joint venture on numerous issues related to the Boston Central Artery/Tunnel project (CA/T).
- Successfully defended an asbestos manufacturer in a $1 billion case to remove asbestos from all state-owned buildings in Virginia.
- Obtained a favorable settlement, including payment to our client (a government contractor), when the client’s supplier unilaterally increased prices and sued when our client refused to pay the higher prices.
- Successfully prosecuted a multi-million-dollar action on behalf of a power plant owner when a general contractor severely delayed the project; action resulted in a $60 million victory.
- Prosecuted action and achieved a favorable settlement on behalf of a Fortune 200 financial services firm that sustained damage to its computer hardware as a result of faulty construction.
- Represented a national construction company in various disputes with subcontractors during the course of a major construction project.
- Negotiated a multi-million-dollar construction contract for new construction in Boston.
- Represented a national financial services corporation in construction-related government contract litigation before the General Services Board of Contract Appeals.
- Represented a major energy company in a $3.2 billion lawsuit related to coal rights and coal operations.
Our Construction Law Services include:
- Litigation
- Contract Advising
- Entity Counseling
- General Counsel Advising