Public Construction and Procurement

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The procurement process is essential to public construction projects, ensuring they are completed on time and within budget. From the initial stages of project design, to acquiring the labor, goods, and services needed to undertake the project, to completing the construction phases, Dickinson Wright's public construction and procurement team provides comprehensive services to a broad range of clients, including:


  • States
  • Contractors

  • Municipalities

  • Private developers

  • Government entities

  •  Bidders
  • Procuring agencies

  • Proposers


Our Core Services


  • Preparing procurement rules and guidelines

  • Drafting solicitations and contracts (both standard and manuscript)

  • Advising on the solicitation process and responding to unique challenges

  • Ensuring compliance with procurement requirements for public improvements such as intersections, traffic control, and utilities for which developers may seek reimbursement or other benefits

  • Representing government entities, contractors, and developers in relation to claims arising from the negotiation and contracting for public construction projects, including claims on performance, payment and subdivision bonds and security.

  • Filing and defending protests in lower courts and through the appeals process

  • Serving as bid protest hearing officers

Representative Matters

– Represented and defended numerous clients from Federal Miller Act and Little Miller Act Claims, all of which involved related surety bond (payment and performance bonds) claims as well as handling many surety bond disputes (payment and performance bond) on private construction projects.

–Represented a municipality on contractor claims as well as prosecution of professional negligence claims arising from an underground tunnel collapse.

–Represented public agencies and political subdivisions in bid protests such as (i) the construction of a city hall facility; (ii) the renovation of an airport terminal; (iii) a contract to supply UNIX computer workstations to numerous State agencies; (iv) a wastewater treatment plant; and (v) an interstate bridge project.

–Represented one of the largest engineering companies in the United States in claims of more than $7,000,000 arising from design and construction management of a $40,000,000 wastewater treatment plant and construction of its related sewer lines.

–Represented a joint venture of two large architectural firms in a dispute over the construction of a large hospital complex concerning claims for fees sought by architectural joint venture and defending improper design claims raised by the owner.

–Represented an energy pipeline owner regarding the acquisition of right of way and permit issues for utility corridors.

–Represented a major engineering and construction consulting firm in resolving audit issues with the local school board concerning management of numerous school construction projects.

–Represented landowner in an eminent domain lawsuit, obtaining a favorable jury award against the state and successfully defending the award in the appellate court.

–Represented a public school board in connection with a dispute with its general contractor and designers involving a defective roofing system installed on new high school.

–Represented an electrical construction company/software design entity in a pre-bid qualification for the Gordie Howe International Bridge (Detroit-US – Windsor Canada) for the “smart road” installation/construction.

–Represented an electrical construction company/software design entity in the negotiation of contracts for the supply and maintenance of software for traffic controls for two Canadian municipalities.

–Negotiated Agreements with a municipality for public messaging/communication on Highways (RESCU System) and operation of the central management system.

–Represented a municipality in relation to a design-build contract for a sewage treatment plant.

–Prepared comprehensive integrated design and construction contracts and procurement documents for several municipalities, and other government agencies (including a school district).

–Represented major public hospital district in negotiating a $40 million programming agreement, then developing an integrated procurement and contracting system for the solicitation and contracting for design and construction services to implement a $900 million bond program to build a hospital and multiple regional medical centers.

–Represented multiple government agencies, school districts, and municipalities, dealing regularly with procurements, bid protests, and related issues. Representation includes serving as general counsel and as a school district hearing officer regarding construction procurement protests.

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