Construction Contract Drafting and Negotiation

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Dickinson Wright attorneys handle all aspects of commercial, residential, and public construction contract drafting and negotiation. We represent developers, general contractors, design professionals, municipalities, investors, and subcontractors, as well as material suppliers. We have extensive experience with standard contract documents, as well as the drafting of master trade agreements, joint venture agreements, teaming agreements, subcontractor and material supplier agreements, insurance provisions, lien and other releases, change orders, certifications, and proposals. Our work also includes the preparation of documents necessary to support the successful financing, negotiation, and closeout of all types and sizes of construction projects.

Our broad ranging involvement with, and understanding of, construction trades and business — from project management, scheduling, payment processing, real estate and title insurance, lending, procurement, and licensing, to the claims that arise from, during and after construction — allows us to not just negotiate and prepare construction documentation in isolation, but to provide practical and effective documentation to assist our clients in the successful design and construction of projects from start to finish. We believe in anticipating and addressing critical issues before they become problems. Our focus is not just on the legal issues involved, but also on the practical day-to-day operations of our clients’ business. We seek to adapt legal documentation to serve the specific needs of, and enhance the sound business practices, of our clients and to provide contractual systems for addressing issues in an effective and efficient way. We have spent time in arbitrations and courtrooms, but also on projects, reading plans, working with schedules, and in job trailers – that practical knowledge and experience shows in the legal services we provide.

We also understand and advise our clients on the proper use of different project delivery systems, such as design-bid-build, construction manager at risk, design-build, job order contracting, as well as public private partnerships, and the legal and practical issues to be addressed in relation to each.

Representative Experience:

Representation of a large rehabilitation hospital in the preparation and negotiation of construction contracts to build a multi-million dollar expansion. The project involved multiple parties and had complex land issues which were successfully resolved to allow for construction of the building.

Representation of a condominium association in the preparation and negotiation of construction contracts to repair and reconstruct various portions of the common areas.

Representation of the nation’s largest owner of senior living communities in connection with the drafting and negotiation of design and construction agreements for various facilities throughout the country.

Representation of a design-builder in the preparation of design-build contracts for the design and construction of buildings in a nonprofit housing project.

Representation of major hospital in connection with the negotiation and drafting of construction documents to expand and improve facilities.

Representation of various healthcare entities, including two of the nation’s largest, in connection with the drafting and negotiation of design, construction and consulting agreements for use throughout the country for various hospital, outpatient and medical office facilities.

Preparation of construction contracts for the developer of a project involving the construction of private garages and a performance race track.

Representation of a university hospital in connection with the drafting and negotiation of construction contracts for a multi-million dollar renovation of its facility. The agreements included a construction manager agreement and multi-prime agreements with the university.

Representation of an electrical construction company/software design entity in the negotiation of a Teaming Agreement/bid contract for the supply of software for traffic controls for two Canadian municipalities.

Representation of a municipality in negotiating design and construction contracts for the construction of a $100 million spring training stadium in partnership with the baseball team.

Representation of a major retail center developer in all of their construction and design contracts throughout the Western United States.

Preparation of procurement and contract documents allowing reimbursement for public infrastructure improvements in relation to multiple retail and automotive centers.

Negotiation and preparation of design and construction contracts for multiple condominium projects, resorts, hotels and motels.

Representation of multiple developers and contractors in structuring their contracts and joint venture agreements to comply with applicable laws.


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