Building and Expansion for Owners
For businesses navigating new construction or expansion, having legal counsel to assist in the process can help save money and avoid problems that increase costs or cause delays. Jimerson Birr assists 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. Avoiding and successfully litigating construction-related legal issues are crucial to your company’s survival. Jimerson Birr diligently works with its 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 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.
We recognize that companies who are navigating the fast-paced construction sector depend on sound counsel for mission-critical operational, legal and regulatory issues. We are committed to the goal of helping business executives mitigate risks and prevent problems before they arise or escalate.
We cover all aspects of a company’s construction-related 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
- 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
- Workers Compensation Advisement and Violations
- Construction Lending