Skip to Content
Menu Toggle

Construction Overview

Jimerson Birr is able to assist with all phases of a construction project, from design and planning, to contract negotiation, preparation, bidding and procurement, environmental review, construction administration, insurance coverage counseling and claims, scheduling modifications, change order documentation, contract compliance, project close out, surety/bond issues, litigation, lien protection or enforcement, and dispute avoidance and resolution. Our legal and construction industry experience keeps in mind overall business goals in the construction process and helps your company minimize its risk in the event a dispute arises.

PROJECT CONTRACTING, ADMINISTRATION AND DISPUTE AVOIDANCE

Proper and timely planning provides the foundation for construction project implementation, including contract awarding and monitoring. Planning identifies what services are needed and when, how they should be provided, and what provisions should be included in a construction services contract. Jimerson Birr’s Construction Industry Team works hand in glove with our construction industry clientele to develop the project’s goals and objectives during the planning stage, and define them during the contracting stage. Early involvement of our team in a project will ensure that it is well documented with a formal, binding document that: (1) protects the interests of your company, (2) identifies the scope and breadth of responsibilities of the parties to the contract, (3) defines what is to be delivered and when, and (4) documents the mutual agreement, the substance, and parameters of what was agreed upon. Once the project has commenced, our team is able to help ensure the terms of the contract are complied with and enforced. Contract monitoring is an essential part of the contracting process. Our contract compliance program is geared toward ensuring that contactors comply with contract terms, performance expectations are achieved, and any problems are identified and resolved. Without a sound monitoring process, no contracting party has adequate assurance it receives what it contracted for.

CONSTRUCTION DISPUTES & LITIGATION

Unfortunately, not every construction project can be administered amicably. Issues involving alleged construction defects, scheduling, the interpretation of contracts, specifications or drawings, or involving payment sometimes require legal intervention. When that is necessary, how effectively your interests are protected is directly affected by the quality of legal service you secure. Where disputes are inevitable, Jimerson Birr provides representation in arbitration, mediation, and litigation in court. Whether you are an owner, developer, licensed contractor or subcontractor, construction supplier, or a design professional, avoiding and successfully litigating construction-related legal issues are crucial to your company’s survival. Jimerson Birr diligently works with its construction industry clients to ensure they stay abreast of salient construction law issues, and are taking the proper steps to protect their rights in advance of and during a construction-related dispute. Through our proactive litigation approach, the most important service we can provide is to ensure that our construction clients are devoting their energy and attention to running a profitable business, rather than wasting verve and resources anguishing over the intricacies of the oft-entangled construction laws ex-post facto.

While we strive to resolve disputes through negotiation and preventive action, we specialize in vigorously representing our clients in litigation through aggressive prosecution of their claims. Our lawyers emphasize business realism and focus on reaching practical solutions in a timely manner with strict adherence to the myriad of contractual and statutory notification and filing deadlines associated with any construction project.

Who We Serve

  • General Contractors
  • Design-Builders
  • Trade Subcontractors
  • Material & Equipment Suppliers
  • Design Professionals
  • Developers and Building Owners

WHAT WE DO FOR THE CONSTRUCTION INDUSTRY

Jimerson Birr recognizes that companies in the risky, complex, and fast-paced construction sector depend on sound counsel for mission-critical operational, legal and regulatory issues. We are committed to the goal of helping construction business executives mitigate risk and prevent problems before they arise or escalate. 

  • We stay fully apprised of changes to construction laws and industry trends in order to proactively keep our clients informed through our educational efforts and industry wide training initiatives.
  • We draft and prepare contract documents in a manner that will make the language more understandable, address the primary risks of your particular business and project, and bring the documents into compliance with changes in law or trends in the industry.
  • Our dedication to efficient and cost-conscious practice of law, in conjunction with innovative and flexible compensation terms, enable us to help construction executives effectively plan and maintain their budgets without surprise.
  • We have the resources and bandwidth to address legal issues which may occur in the everyday management and operation of the business.

Our Construction Industry Attorneys cover all aspects of a company’s legal needs, with specialty service offerings centered around:

  • Building Department/Permitting
  • Government Procurement and Bid Protests
  • Construction Litigation (lien/bond foreclosure and priority, prompt payment law, change order disputes, differing site conditions, retainage disputes, surety claims, delay claims, defect claims, pay when paid claims, liquidated damages disputes)
  • Construction Contract Review and Drafting (prime contract, subcontracts, lien waivers/releases, AIA, etc.)
  • Construction Litigation (payment disputes, lien/bond claims, defect claims, delay claims, surety claims, differing site conditions, change order disputes, breach of contract)
  • Defective construction claims (specialty) Competitive Procurement and Bid Protests
  • Delayed Construction Claims (specialty) Building Department Issues and Permitting
  • Environmental Diligence, Compliance, Permitting and Mitigation
  • Indemnity/Subrogation
  • Construction Licensing and DBPR/Regulator Representation
  • Workplace Safety, OSHA and CDC Compliance
  • Project Interruptions, Administration and Closeout
  • Public-Private Partnerships
  • Warranty and Punch List Administration Representation
  • Women & Minority Business Certification (WBE/MBE)
  • Workers Compensation Advisement and Violations
  • Construction Lending

More than just Construction Industry Law specialists, Jimerson Birr has a team of attorneys with experience and expertise in every legal issue you may encounter, including:

Jimerson Customer Service

We live by our 7 Superior Service Commitments

  • Conferring Client-Defined Value
  • Efficient and Cost-Effective
  • Accessibility
  • Delivering an Experience While Delivering Results
  • Meaningful and Enduring Partnership
  • Exceptional Communication Based Upon Listening
  • Accountability to Goals
Learn more

Attorneys

Charles B. Jimerson
Charles B. Jimerson
Charles B. Jimerson view bio
James O. Birr, III
James O. Birr, III
James O. Birr, III view bio
Austin B. Calhoun
Austin B. Calhoun
Austin B. Calhoun view bio
A. Hunter Faulkner
A. Hunter Faulkner
A. Hunter Faulkner view bio
C. Ryan Maloney
C. Ryan Maloney
C. Ryan Maloney view bio
JoAnne Eichelberger
JoAnne Eichelberger
JoAnne Eichelberger view bio
Gregory J. Lesak, Jr.
Gregory J. Lesak, Jr.
Gregory J. Lesak, Jr. view bio
Stewart J. Subjinski
Stewart J. Subjinski
Stewart J. Subjinski view bio

News

Powerhouse Panel With Leading Technology, Law Enforcement, Cyber Insurance and Legal Experts to Help Protect Businesses from Crippling Ransomware Attacks
  1. Press Room
Powerhouse Panel With Leading Technology, Law Enforcement, Cyber Insurance and Legal Experts to Help Protect Businesses from Crippling Ransomware Attacks

Jacksonville, Fla. – September 15, 2021 – Jimerson Birr, a business law firm with an overarching mission of adding value with

Webinar: Navigating the Era of Rapidly Escalating Construction Prices
  1. Events
Webinar: Navigating the Era of Rapidly Escalating Construction Prices

Join us for a lively virtual panel discussion with industry leaders on the hot button issue of the rapid escalation of

Webinar: Navigating the Era of Rapidly Escalating Construction Prices
  1. Events
Webinar: Navigating the Era of Rapidly Escalating Construction Prices

Join us for a lively virtual panel discussion with industry leaders on the hot button issue of the rapid escalation of

Webinar: Critical Construction Contract Provisions for Subcontractors
  1. Events
Webinar: Critical Construction Contract Provisions for Subcontractors

On Wednesday, March 31, 2021 from 12:00 PM-1:00 PM, three of our partners will present Critical Construction Contract Provisions:

Resources

Navigating the Era of Rapidly Escalating Construction Prices Webinar
  1. Presentations
Navigating the Era of Rapidly Escalating Construction Prices Webinar

On Wednesday, August 25 from 12:00 PM-1:00 PM, two of our partners and members of our construction industry team hosted a virtual

Critical Construction Contract Provisions for Subcontractors
  1. Presentations
Critical Construction Contract Provisions for Subcontractors

On Wednesday, March 31, 2021 from 12:00 PM-1:00 PM, three of our partners presented Critical Construction Contract Provisions:

15 Critical Construction Contract Provisions for General Contractors
  1. Presentations
15 Critical Construction Contract Provisions for General Contractors

Construction project contracts have varied nuances and needs depending on the specific project and its scope of work to be

Client Success

$3.7 Million Judgment Collected from Fraudulent Construction Contracting Suit

Obtained judgment of $3.7 million predicated on a series of fraudulent misrepresentations in construction contracting.

view all client successes

Represented National Electric Subcontractor Connected to $500 Million Public Project

Represented a national electrical subcontractor in connection with multi-million dollar delay, acceleration and disruption claims on a $500 million public project in South Florida.

view all client successes

Title to Real Property Obtained by General Contractor After Lien Foreclosure in Excess of $10 Million

Represented general contractor in lien foreclosure action involving construction lien in excess of $10,000,000. Foreclosure action resulted in general contractor obtaining title to the real property.

view all client successes

Resolved $30 Million in Liability Issues for Large General Contractor

Assisted large general contractor in resolving $30 million in liability issues of workmanship and delay claims on multiple pending projects jeopardizing bonding capacity.

view all client successes

President of Large Commercial Contractor Testimonial

Jimerson Birr has provided representation for my business and our trade partners for many years. They have successfully defended our most complex cases, including project contracting, delay and payment claims, OSHA Citations, and bond surety disputes. Their industry-leading legal knowledge is a driving force during successful litigation and execution. They have my highest recommendation for any construction or business-centric legal needs.

view all client successes

General Counsel for Electrical Contractor Testimonial

Our attorneys at Jimerson Birr listen and take time to understand the nuances of our business and the risks we face with every deal or decision in a way that has earned them tremendous credibility. They thoroughly prepare us and put us in a position to anticipate our challenges rather than be surprised by them. Equally impressive and noteworthy is their great skill in negotiation and litigation. Great firm with great lawyers.

view all client successes
Jimersonfirm Awards
Jimersonfirm Awards
Jimersonfirm Awards
Jimersonfirm Awards
Jimersonfirm Awards
Jimersonfirm Awards
Jimersonfirm Awards
we’re here to help

Contact Us