Construction

The modern building and design process is complex and rapidly changing. Owners demand faster construction at lower cost in an uncertain economy, which requires effective construction representation. Bodman construction attorneys are well versed in all aspects of the construction process and handle disputes with the most advanced techniques. Our skills and client-centered approach allow our clients to focus on their business interests and achieve their goals.

Effective legal representation in the planning, administration, and close-out of construction projects minimizes risk and maximizes our clients’ success.

Our Services:

We represent owners, developers, architects, engineers, general contractors, construction managers, specialty, and other subcontractors in public and private projects of any size and type.

We have extensive experience in all phases of the construction process:

• Acquisition and development of real estate
• Project financing and bonding
• Assistance in negotiating, drafting and interpreting contracts
• Analysis and advice regarding construction, billing, and contracting practices
• Selection and implementation of project delivery methods, such as design-award-build, fast-track projects, design-build and construction management relationships
• Drafting special needs documents
• Bond and insurance reviews and claims
• Assessing, negotiating and handling claims involving bid preparation and protests, construction defects, defective design, delays, payment, liens, change orders, differing site conditions, acceleration, labor inefficiency, suspension and termination, the Sperin doctrine and pay-when-paid provisions
• Analysis, prosecution and defense of mold, “sick” building, and indoor air quality claims
• Legal issues relating to sustainable building projects, including contracts, procurement of services, selection of rating systems, certification of projects, risk management and claims
• Matters involving employees and independent contractors, including wage and hour and fringe benefits, collective bargaining agreements, compliance with employment laws such as age, race, gender, and disability discrimination, and workplace safety
• Zoning, municipal, and governmental matters
• Debtor-creditor issues and matters involving bankrupt or insolvent parties
• Claim avoidance, including risk-shifting and claim analysis
• Dispute resolution, including litigation, arbitration, mediation, and hybrid methods
• Handling matters involving ownership rights in plans, specification, and other forms of intellectual property
• Assisting clients regarding planning, contracts, enforcement, risk management, and claims arising from incorporation of sustainable and “green” design and performance standards into projects

Representative Matters:

We represented a Michigan school district in disputes against an architect, general contractor, subcontractors, and suppliers involving the construction of a middle school. We successfully settled issues related to defective flooring and litigated issues regarding the school’s roof.

Our group represented an owner in a construction dispute involving a $35 million delay claim arising out of allegedly defective plans and specifications and an $83 million claim for alleged lost profits and lost business value.

We successfully represented a municipal housing commission in litigation brought by a general contractor for additional compensation under a construction contract.

Our attorneys represented several subcontractors related to nonpayment of goods and services in which the owner was withholding payment to the general contractor for reasons unrelated to the subcontractors’ work.

We successfully represented the owner of a $25 million construction project involving a $12 million claim by the design/builder for wrongful termination.

We advised an architectural firm after a school district canceled a design contract midway through a multi-million dollar project and successfully negotiated compensation and project transition issues without litigation.

Our group has successfully represented numerous residential builders in attempts by owners to terminate their construction contracts.

We prepared and negotiated documents regarding the purchase of land and the design, development and construction of a warehouse distribution facility for a national high-tech company.

We successfully represented an institutional owner, a hospital, relating to amicable resolution of defective construction involving the infestation of mold in a roof-top structure.

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