Construction

Venable delivers an unparalleled combination of legal experience—from a project's inception, through contracting and construction, and, if necessary, to initiating or defending you in litigation or arbitration.

You know well that the key to managing construction projects is the ability to foresee and provide for unexpected conditions and events that crop up in nearly every project. We can enable you to better manage these virtually inevitable risks in several ways:

  • helping you quantify the risks in advance
  • drafting and negotiating contracts that protect you when problems arise
  • identifying issues during construction—and dealing with them early
  • defending you or pursuing your claims after the project is complete

Why We Pay Particular Attention to the Front End

Successful construction projects depend on solid, detailed work in the planning and contracting stages. That's where we contribute the greatest value. Our clients can tell you how we help them avoid problems with documents that firmly shape and clearly define the relationships and expectations on all sides. And how we work diligently to support their goals as we prepare and negotiate contracts and advise them on selecting the most appropriate project delivery method.

What to Expect When Your Project Is Under Way

We are often called on to assist in project management—to head off emerging problems and/or to help regain control of projects in crisis, thus helping to avoid protracted litigation after completion. Throughout your project, we can assist in monitoring potential problems and alert you in advance of any action that may be needed. Since claims can arise at any time, we help you address issues early, so you can deal with them and get back to business.

Support from a Formidable Team

Our construction attorneys are steeped in the focused knowledge that major construction projects demand, including:

  • project structuring
  • claims and claims litigation
  • contract negotiation
  • environmental problems
  • performance problems and disputes
  • state and local government issues

Practice Focus

  • Building-product defects
  • Claims and claims litigation
  • Construction defects
  • Contracting/negotiation
  • Delay claims
  • Differing site conditions and change order claims
  • Energy services performance contracting
  • Government contracts and bid protests
  • Hospitality development and renovation
  • Labor issues
  • Moisture intrusion and mold
  • Public-private partnerships

Project Types

  • Hotels and resorts
  • Infrastructure
  • Office buildings
  • Power plants
  • Public-private partnerships
  • Refineries
  • Residential developments
  • Shopping malls

Dispute Resolution Focus

  • Administrative appeals on public projects
  • ADR, including arbitration, mediation and "mini-trials"
  • Architectural and engineering malpractice
  • Bid protests and injunctions
  • Construction defect litigation
  • Presentation/defense of claims to governmental entities
  • Structural failure litigation
  • Trials in state and federal courts

Client Focus

  • Construction and engineering firms
  • Contractors
  • Design professionals
  • Makers of building products
  • Owners (both public and private)
  • Subcontractors
  • Suppliers

Experience
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Public-Private Partnerships

  • For a major infrastructure company, we prepared and negotiated design-build agreements for engineering, procurement, and construction services for a $1 billion toll road in Texas
  • We also prepared and negotiated design-build contracts for its proposed prime contract with the State of Missouri for the rehabilitation and maintenance of 800 bridges, with a potential contract value of $900 million

Hotel and Resort Development

  • For a collection of luxury resorts, our work includes drafting, negotiating, and providing ongoing advice for contracts relating to interior design, architecture, engineering, construction, construction management, and equipment supply. We also assist with specialty projects that include the construction, renovation, and operation of hotels, resorts, and condominiums in the United States and the Caribbean. Projects range in value from the tens of thousands to tens of millions of dollars, with a combined value to date in the hundreds of millions of dollars
  • For a premier hospitality company, we draft and negotiate contracts for design and construction of hotels and advise on new construction and rehabilitation projects and on contract issues, including damages, liability, warranties, and claims. The combined value of our projects to date is nearly $250 million
  • For a leading extended stay hotel company, we are primary outside counsel. Our work includes drafting and negotiation of contracts for construction and rehabilitation projects, and resolution of post-construction claims

Litigation and Dispute Resolution

  • For a government prime contractor, we settled a dispute over the adequacy of equipment provided in connection with Operation Iraqi Freedom. A subcontractor sued to recover $4.5 million, but, after pretrial rulings, the subcontractor paid $3 million to avoid trial
  • For an engineering and construction firm, we are providing vigorous counsel in major litigation involving the design and construction of bridges in Florida

Recognition
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  • Recognized by Chambers USA
  • Ranked among the nation's top firms, Construction, in Legal 500