Construction

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For decades, Dickinson Wright has served the construction industry, gaining a deep understanding of the many legal and business challenges facing our clients. Our deep bench of construction attorneys is sophisticated, diverse, and accessible – and known for achieving winning results in the courtroom and before arbitration panels and state administrative agencies. We work closely with our clients during all phases of the construction process to assist in accomplishing their goals and objectives.

As a full-service law firm, our construction lawyers collaborate with the firm’s other practices to support our construction clients in related areas such as real estate, land use and development, corporate, finance, bankruptcy, government contracts, and environmental law. Additionally, Dickinson Wright has an expansive labor and employment law practice that regularly advises our construction clients concerning unions, minority business enterprises, discrimination claims, and ERISA issues.

Our Clients

Our construction team serves a variety of industries, from healthcare to education to environmental, manufacturing, transportation, and more. We represent clients across the United States and Canada, including builders, private and public owners, developers, general contractors, subcontractors, material suppliers, lenders, construction managers, and design professionals.

Our Team

Dickinson Wright’s recognized experience and knowledge in the construction industry goes beyond the courtroom. Our book, A Practitioner’s Guide to Construction Law (ALI-ABA), is used daily as a reference for handling and resolving construction issues. Our construction attorneys are active members of industry trade groups and key construction associations throughout the United States. Many have been honored individually in their respective regions by publications like Best Lawyers in America® and Super Lawyers®. Additionally, many of our lawyers serve as advocates, arbitrators, and mediators in complex construction disputes, providing us with unique insights into the perspectives of decision-makers

Our Services

Our construction team’s experience spans every phase of construction, from drafting and negotiating to lending and liens to public procurement projects. We use our combined knowledge of the courtroom and the construction site to provide our clients with informed choices for building projects and resolving disputes efficiently.

Our clients often want a rational business solution at the earliest possible stage of a dispute. Our team is adept at developing strategies and opportunities for early resolution, whether through direct negotiation or mediation. We are also ready, willing, and able to litigate, if necessary, to quickly resolve disputes. Our commitment to delivering quality and value is one of the reasons that Dickinson Wright is a preferred provider of construction legal services. Our work includes:

  • Construction contract drafting and negotiation
  • Commercial, residential, and infrastructure construction, including the development of commercial properties, retail stores, apartments, hotels, resorts, casinos, healthcare facilities, educational institutions, airports, bridges, and highways
  • Public construction and procurement
  • Construction lending
  • Disadvantaged business enterprises
  • Insurance Bonding
  • Construction litigation and claims, including:

    • Alternative dispute resolution
    • Defective design (architectural and engineering)
    • Professional liability
    • Defective workmanship
    • Delay, disruption, and prolongation claims
    • Contractor and subcontractor disputes
    • Mechanic’s liens and foreclosure claims
    • Terminations
    • Bond, guarantee, and insurance claims

Representative Matters

  • Assisted a real estate development and management company in arranging a $450 million syndicated loan from a leading financial services company for the construction of a $1.1 billion, 40 story casino and hotel complex in downtown Las Vegas.
  • Assisted a developer in the $1.1 billion ground-up development of a new 1.25 million square foot casino, entertainment, spa, garage, and hotel facility in downtown Las Vegas. It is the first ground-up resort development in downtown Las Vegas since 1980.
  • Drafted and negotiated construction contracts for owners and general contractors, including luxury condos, apartment complexes, solar panel generation facilities, schools, and office building projects. 
  • Retained by an architecture and interior design firm for assistance with the creation of a license agreement with a residential construction firm, as well as potentially handling a design patent.
  • Acted for the lender on an over $155 million construction loan for the construction of office buildings.
  • Provided counsel for a full-service construction company, including structuring transactions for compliance with historic tax credit, new markets tax credit, or Opportunity Zone financing; advising regarding general corporate governance; and providing financing counsel regarding local and state incentives, as well as serving as borrower’s counsel for project entities.
  • Representation of public healthcare provider in development of construction contract documentation for $1B multi-year construction program.
  • Preparation and negotiation of a design-build construction contract for owner to construct new state of the art glass manufacturing facility
  • Handled a dispute for a national construction company where the plaintiff was seeking to collect approximately $12 million for their subcontracting work in the U.S. Virgin Islands repairing hurricane damage through a FEMA disaster relief program.
  • Represented a pool construction company in a construction defect action related to the client’s construction of a custom three-tiered pool and spa at the plaintiffs’ hillside residence.
  • Represented a state university in a dispute involving the developer and the general contractor of student housing. The developer filed an action against the contractor and the contractor counterclaimed asserting claims against both the developer and the client.
  • Represented a commercial construction company in disputes with six different subcontractors, as well as assisting with claims against the client’s subcontractor default insurance carrier.

 

 

 

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