Construction Law: Construction Contract Preparation and Negotiation

Our Construction Law Group understands that the true foundation of any successful construction project is a solid contract. Drawing upon decades of experience, we draft, review, and negotiate virtually every type of construction agreement with an eye to minimizing risk and maximizing our client’s business objectives.

With offices across the country and contract experience in almost every sector, our attorneys take an informed and pragmatic approach to preparation and negotiation, focused on finding effective business solutions to our clients’ legal issues. Drawing on our knowledge of multiple methodologies, ranging from fixed price, guaranteed maximum price, time-and-materials, and unit price to EPC, target price, and joint ventures, the Construction Law Group regularly prepares and negotiates agreements using industry form contracts. These include those created by the American Institute of Architects (AIA), the Consensus DOCs, the Engineers Joint Contracts Documents Committee (EJCDC), the Construction Management Association of America (CMAA), and the Design-Build Institute of America (DBIA), as well as other non-industry “manuscript” contracts.

We have also developed custom forms of agreement for the various types of contract structures (e.g., design-bid-build, design-build, incentive contracting, and at-risk construction management) to meet specific project needs and to enforce completion requirements. With our attorneys engaged in construction projects in multiple states, clients appreciate that contract terms are resolved on a consistent basis across multiple jurisdictions. Furthermore, by taking the time to understand our clients’ broader goals, their project teams, and their internal constituents (such as legal, risk management, audit, and accounting departments), we are more prepared at the negotiation table, can help clients discern recurring issues in their contracting strategies, and can resolve contract terms more efficiently.