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Construction Litigation

LeClairRyan’s Construction Law attorneys possess the legal knowledge and practical experience necessary to manage successfully the challenges that arise throughout the construction process. We combine our understanding of the practical aspects of construction with our familiarity with construction law to help our clients achieve their business objectives, while minimizing risk, difficulties, and expense. Our legally sound and sensible approach to construction disputes has led to LeClairRyan’s growth and prominence in the area of construction law.

We represent many segments of the construction industry, including general contractors, owners, construction managers, design-builders, sureties, design professionals, and subcontractors, in all phases of public and private projects. We counsel clients on a full spectrum of vertical and horizontal projects using a variety of project delivery methods.

Building the Enterprise

We recognize that risk management is instrumental to protect and grow businesses in the construction industry – especially given challenging economic conditions. Thus, we not only provide legal solutions to problems when they arise, but more importantly implement strategies to avoid disputes before they occur. We regularly advise our construction clients on proactive and creative measures to avoid disputes, limit liability exposure, maximize opportunity for success, and minimize attorney fees.

When construction disputes do arise, however, our team of highly skilled construction litigators achieves favorable and quantifiable results for clients of all sizes – from large multinational firms to local contractors. We have extensive experience litigating and trying construction cases in federal and state courts as well as before dispute review boards and arbitration tribunals throughout the nation. We also represent clients in license disputes before various boards of registration.

Construction litigation is invariably complicated, and our team of 50 attorneys knows how to manage effectively cases of varying complexity and size. We have achieved strategic advantages for our clients while working on some of the nation’s largest construction projects and cases, such as Boston’s well-known “Big Dig” and the John F. Kennedy International Airport light rail transit project in New York. In addition, we consistently handle matters of a smaller, but still significant, scope with the same tenacity and skill.

Following is an at-a-glance list of the construction law services we provide:

Risk Management / Dispute Avoidance 

  • Pre-bid risk analysis
  • Project delivery method selection and contract formation
  • Contract negotiations and drafting
  • Insurance and bond issues
  • Teaming

Procurement

  • Bid protests
  • Government regulation compliance
  • Prequalification 
  • Debarment 
  • Buy American 
  • Minority- and women-owned business participation

Construction Disputes and Claims

  • Changed and extra work
  • Productivity and impact claims
  • Differing site conditions
  • Lack of design coordination
  • Time claims, delays, suspensions, disruptions and accelerations
  • Mechanics’ liens
  • False claims
  • Construction defects
  • Design defects
  • Structural failures
  • Warranty claims
  • License complaints

Alternative Dispute Resolution/Litigation

  • Mediation
  • Arbitration
  • Dispute review boards
  • Boards of contract appeals
  • Regulatory compliance investigations and proceedings
  • Administrative agency proceedings
  • Trials in state and federal courts
  • Large-scale discovery related to litigation

Insurance and Surety

  • Insurance and bond coverage 
  • Completion contracts

Labor and Employment

  • Collective bargaining agreements
  • Project labor agreements
  • Union election campaigns
  • Employee picketing
  • Prevailing wage requirements
  • Workplace safety issues
  • OSHA compliance and enforcement
  • ERISA claims
  • Residency requirements
  • Non-competition disputes
  • Immigration
  • Employee policies and handbooks

Additional Matters

  • Environmental issues
  • Unfair trade practices
  • Trade secrets
  • Fraud disputes
  • Professional liability
  • Land use and zoning issues
  • Uniform Commercial Code
  • Fair Trade Practices Act
  • Racketeer Influenced and Corrupt Organizations Act

Industry Insights

Our industry experience reaches beyond the construction site and courtroom. Members of our team are active participants in numerous construction industry trade groups and associations, allowing them the opportunity to stay abreast of current legal trends specific to the construction industry. Several team members also chair construction law sections and subcommittees of various state bars.

Skill and knowledge breed success, as proven by the recognition our attorneys continue to receive by Super Lawyers, Best Lawyers and Legal Elite in construction law and business litigation, among other practice areas.

Construction Litigation Discovery

Discovery often plays a critical role in construction litigation. LeClairRyan possesses the experience and depth necessary to help businesses involved in construction litigation navigate all aspects of modern discovery, including document (electronic and paper) collection, review and production. We also help our clients implement sound business and record-keeping practices that position businesses to respond effectively to discovery requests before they occur.

Representative Construction Matters

Our attorneys counsel clients on a full spectrum of vertical and horizontal projects of varying size and complexity. View a list of the types of construction projects our team regularly handles.

Contact

  • 804.916.7143
  • 860.656.1930