Commercial Construction

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Dickinson Wright is a valued partner to many local and regional commercial developers and contractors. Our construction attorneys are experienced in all aspects of commercial development and construction from pre-project funding, procurement, infrastructure development and entitlements, through claim analysis, defense and prosecution. Our attorneys provide assistance to clients throughout the construction process to ensure proper risk allocation; timely, business-oriented, problem solving; and project completion.

As with other aspects of construction and development, our construction lawyers have substantial experience in contract document preparation and review, including with respect to standard form and manuscript contractor, subcontractor, design professional and material supplier agreements, general conditions, as well as with related documents such as financing agreements and mechanic’s liens.

Our lawyers are skilled in advising clients and resolving all varieties of disputes such as changed conditions, disruption, delay and acceleration claims, and subcontractor termination and abandonment. Whether the goal is a swift resolution via a change order or a detailed critical path analysis to support or defend against a comprehensive claim, our lawyers bring substantial real-world experience to the table to ensure that the client’s best-interests are presented.

A number of our lawyers also have experience in government procurement, public–private partnerships, environmental impact analysis, and public procurement compliance for private projects. Many of our lawyers routinely represent clients in court, in arbitration, and before regulatory and municipal bodies.

Representative Experience:

Representation of an international general contractor asserting claims in excess of $30 million against multiple subcontractors arising out of construction defects and delays on a large multi-family residence project.

Representation of a major power company on construction and lien issues related to the closeout of construction issues for its power generating facilities in multiple states.

Representation of an electrical contractor in litigation concerning application of a statutory exemption from the Electrical Administrative Act. The trial court ruled in favor of our client, and the verdict was affirmed on appeal.

Representation of a national general contractor on its construction issues and disputes throughout the Southeast.

Representation of a large electrical general contractor in the development of a 300,000 square foot licensed marijuana harvesting operation and related financing issues.

Representation of a refractory subcontractor in litigation alleging non-payment of approximately $8 million for its work on a circulating fluidized bed, lignite coal power plant. A week-long jury trial resulted in a verdict in favor of our client on all counts.

Representation of an owner/developer of upscale open-air retail centers in arbitration. The arbitrator ruled in favor of our client and against a co-developer of the project.

Representation of a contractor in the successful defense of claims that it improperly installed PVC pipe in a high pressure fire suppression system in a warehouse.

Automotive Industry:

Representation of an automobile manufacturer in defense of a multi-million dollar cumulative impact claim asserted by the general contractor for the renovation of its facility.

Representation of an automobile manufacturer in connection with a contract dispute involving extra claims arising out of the construction of a painting facility.

Healthcare Industry:

Representation of the owner of a hospital facility in litigation asserting claims of $12 million arising out of construction defects in the building envelope. The claim was settled favorably for the client.

Representation of the owner of a hospital facility in litigation involving claims of moisture intrusion through the building envelope. A week-long jury trial resulted in a verdict in favor of our client and an award of all attorneys’ fees incurred by the client in the litigation.

Representation of a healthcare facility developer in litigation regarding claims of improper and defective foundation work resulting in significant settling of the building. We coordinated the defense and negotiations of numerous defendants, resolving all claims of the parties in a global settlement.

Representation of one of the nation’s largest owners of hospital facilities and medical office buildings on all construction related issues nationwide.

Representation of the owner of approximately 30 hospitals on all construction related issues nationwide.

Infrastructure Projects:

Representation of a large municipality in a claim against an international manufacturer and system designer of a membrane module filtration system used to treat potable water. The claim was settled on very favorable terms for the client.

Representation of a municipality pursuing claims against parties responsible for designing and constructing a water-treatment facility for the remediation of TCE contamination.

Representation of the nation’s largest manufacturer and installer of transformers and other specialty electrical equipment in contract disputes in Alabama, Mississippi, Tennessee and Arizona.

Multi-Family Housing, Condominiums & Hotels:

Representation of a general contractor in the prosecution of claims against the project’s architect/engineer arising from the design of a 150 room hotel, conference center and parking garage.

Representation of a hotel in a dispute with a contractor and its surety relating to over 9 months of delays in the completion of the new 122-room addition, including the pursuit of bad faith and liquidated damages claims against the surety.

Representation of a national general contractor in connection with disputes with multiple subcontractors involving change order, nonpayment and lien claims on a large condominium and resort project.

Representation of a national general contractor in connection with a dispute with a subcontractor involving disruption, delay and back charge claims on a condominium tower project.

Renovation & Remediation Projects:

Representation of a redeveloper of commercial property defending claims by and asserting counterclaims against remediation contractor relating to removal of asbestos from existing buildings prior to demolition.

Representation of a regional general contractor regarding disputes with the project owner and subcontractors arising from the renovation and addition to a historic railroad baggage building connected to a centuries-old, iconic hotel.

Representation of a general contractor for claims involving reconstruction of a 60 foot retaining wall adjacent to a large parking structure that includes allegations of improper construction practices, delays, and increased design costs.

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