Construction
Troutman Sanders’ Construction Practice Group understands the complicated and diverse risks faced by the construction industry. Our attorneys can guide you through the maze of challenges that arise during the planning, design, construction and operation of virtually every type construction project. We are adept in projects of all shapes and sizes, including but not limited to:
- Airports
- Apartments and condominiums
- Aquariums
- Casinos
- Colleges and universities
- Courthouses
- Factories
- Highways
- Hospitals and medical centers
- Hotels and convention centers
- Industrial projects
- Libraries
- Military facilities
- Museums
- Nuclear power plants
- Office buildings
- Power plants
- Power transmission facilities
- Prisons
- Public and private schools
- Resorts
- Retail and warehouse
- Shopping centers
- Skyscrapers
- Strip malls
- Theme parks
- Transit facilities
- Treatment plants
- Tunnels
- Utilities
- Warehouses
- Zoos
The Construction Practice Group consists of a team of more than 25 nationally recognized attorneys. With more than 275 years of collective experience, our construction attorneys provide clients with pragmatic answers to the many technical and legal questions which arise during the course of a project.
The principal members of the group have focused their entire careers on representing the needs of construction industry clients, both nationally and internationally. Several practice group members are former construction contractors or engineers, and all of the senior members of the group have extensive experience spanning all segments of the construction industry. We advise clients in all phases of a construction project, including pre-construction planning, contract negotiation, problem-solving during construction, project closeout, and resolving project disputes.
Advice and Counseling – Before, During & After
Our attorneys routinely provide advice and counseling to clients regarding the numerous issues that arise in connection with development and construction in the private and public sectors. During pre-construction, we counsel clients upon project delivery methods, project finance vehicles, licensing and permits, contract drafting and negotiations, insurance and bonding arrangements, bidding and award issues, as well as the myriad of pre-project initiatives necessary to a successful development. During the course of construction, we advise clients upon contract administration, labor and employment matters, OSHA regulations and compliance, accident response, claims avoidance and risk management, environmental issues, and the “real time” resolution of small problems before they mature into disputes. During the post construction phase, we assist clients with mechanic’s liens and bond claims, insurance coverage issues, warranty problems, maintenance and operations issues, construction defect claims, and all forms of dispute resolution.
Public Contracts
Troutman’s Construction attorneys represent clients in connection with the regulated world of public contracts on federal, state and local levels. We regularly counsel clients upon pre-award matters such as privatization, bid preparation, MBE/DBE and socioeconomic requirements, suspension and debarment, decertification, bid protest proceedings and a host of other public procurement issues. We also represent clients upon post-award matters including requests for equitable adjustment, Davis-Bacon issues, the negotiation of change orders, termination and reinstatement, Qui Tam and fraudulent claims, and a variety of other matters before contracting officers, administrative agencies and administrative boards.
Dispute Resolution
Our construction attorneys are experienced litigators, having handled construction claims and disputes in all 50 states, including federal and state courts, administrative agencies and boards, as well as all forms of alternative dispute resolution, including structured settlements, mediation, arbitration and mini-trial. Our experience spans all shapes and sizes of construction disputes including claims involving:
- Acceleration
- Changes
- Construction defects
- Delay and disruption
- Denial of access
- Differing conditions
- Environmental hazards
- Faulty plans and specifications
- Improper project management
- Incomplete and defective design
- Labor and equipment inefficiency
- Material escalation
- Mechanic’s liens
- Non-conforming work
- Performance and payment bonds
- Over-inspection Safety and OSHA violations
- Termination for default or convenience
- Warranty and project closeout issues
Many of the construction attorneys within the group are active members of both the American Arbitration Association and the Center for Public Resources Institute for Dispute Resolution.
Clients
Our clients span the entire spectrum of the construction industry from governmental entities, owners and developers, public utilities, general contractors, subcontractors, suppliers, design and engineering firms, as well as sureties and guarantors. We represent multi-national public corporations and industry trade associations as well as local regional clients and individual entrepreneurs.
Philosophy & Commitment
Our Construction Practice Group takes great pride in providing the sophistication and resources of an international law firm while furnishing the efficiency and personal attention of a specialized boutique practice. We are committed to providing excellent service to all of our clients, both big and small, in the most efficient and economical manner.
The Construction Practice Group is also committed to the education and growth of the construction industry. Our construction attorneys are active in industry trade groups including the National Association of Industrial and Office Properties (NAIOP), Associated Builders & Contractors (ABC), Associated General Contractors (AGC), Design Build Institute of America (DBIA), Construction Financial Managers Association (CFMA), National Association of Women in Construction (NAWIC), American Society of Civil Engineers, (ASCE), American Institute of Construction (AIC), and various other trade groups and associations. We frequently speak at professional conferences and continuing education seminars in both the national and state level and have published numerous articles or chapters on construction and public contracts in construction law books, trade publications and industry periodicals.
Our attorneys routinely present lectures and seminars, both in-house and at client offices, designed to inform clients of the latest developments concerning construction and public contracts, including related matters concerning corporate transactions, environmental, immigration, labor and employment, taxes and issue of current legislation affecting the construction industry. The Construction Practice Group also publishes a periodic newsletter addressing construction industry and government contracts matters.
Multi-Disciplinary Approach
We recognize that each construction project is unique. As a result, we exercise a flexible and client-focused approach to staffing: we first assess the project and identify our client’s goals, and then assign the best-suited attorney, or team of attorneys, to advise and counsel. Although the principal members of the group focus their practices entirely upon construction law and public contracts, they have instant access to other nationally respected practice groups with expertise in such areas as project finance and development, environmental compliance and regulations, antitrust, real estate, labor and employment, property use and zoning, use and sales tax, bankruptcy, intellectual property, and public law and lobbying.
Our Services
Project Formation and Finance. We assist in creating all forms of special purpose entities, whether public authorities, joint ventures, limited liability companies, teaming arrangements, or quasi public agencies and authorities. The Construction Practice Group also works closely with the Project Finance and Development Group to arrange for the funding of developments including capital markets, commercial banks, export credit agencies, and multi-lateral development bank facilities.
Project Delivery Systems. We advise and assist in selecting the full array of delivery systems, including the customary design-bid-build, fast-track construction, design/build (D/B), construction manager (CM agency and at-risk), engineer-procure-construct (EPC or turnkey), finance-design-build (FD/B), build-own-operate-transfer (BOOT), design-build-operate-maintain (D/BOM) as well as other forms of project delivery systems.
Contract Preparation and Negotiation. We prepare and negotiate complex design and construction contracts, whether based upon lump sum, unit prices, guaranteed maximum price, cost plus, cost plus fixed fee, cost plus percentage of cost, incentive contracts or other contract types. Our attorneys are familiar with all of the standard industry forms including: American Institute of Architects (AIA), Associated General Contractors (AGC), Design Build Institute of America (DBIA), Construction Management Association of America (CMAA), and the Engineers Joint Contracts Documents Committee (EJCDC).
Contract Review and Risk Assessment. We review proposed and existing contracts and suggest modifications and identify terms that present significant risks to our clients. Our attorneys propose procedures and document controls to then manage and minimize the cost and schedule risks imposed by those contract terms and conditions that cannot be negotiated away.
Accident Response. Our attorneys provide rapid response services to assist clients in issues involving construction accidents involving catastrophic loss, including serious injury or death of workers, or the collapse of equipment, shoring, or buildings.
Safety and OSHA Compliance. Our attorneys advise clients in complying with safety regulations as well as defending against citations issued to clients by OSHA at the federal or state level. We frequently advise clients with relation to issues on record keeping and reporting, fall protection, abatement of lead and asbestos, excavation and trenching.
Claims Avoidance and Management. We assist clients in adopting practices and procedures to avoid claims and/or to manage the claims in a manner that minimizes the costs and schedule impacts to the project. Our attorneys are also adept at reviewing and assisting in the management of claims so as to mitigate the risks to both owner and contractor.
Project Controls and Best Practices. We advise clients in creating and maintaining project controls necessary to administer and manage the design and construction process. Our attorneys also provide advice and consultation based upon their experience to establish “best practices” in assisting clients to manage and minimize risks at all levels.
Legislative and Public Law. The Construction Practice Group works closely with the Public Law and Lobbying Group to draft proposed federal, state and local regulations and statutes that advance the interests of our clients and the construction industry. We also interact with public officials and governmental entities to resolve issues of permitting, licensing, zoning, noise ordinance, and other publicly related matters.
Insurance and Bonding. We assist clients in obtaining and enforcing insurance coverage rights, whether against their own insurer or as an additional insured under a policy issued by a contractor, subcontractor or other entity. We also represent clients in the prosecution and defense of bid bonds, performance and payment bonds, mechanic’s lien bonds, warranty bonds, as well as general indemnity agreements executed in connection with the above.
Labor and Employment. We work closely with Troutman’s Labor and Employment Practice Group to interpret collective bargaining agreements, ensure the continuity of projects in the face of labor disputes, and assist clients in complying with wage and hour and employment laws, including age, race, disability and gender employment discrimination and equal employment opportunity issues.
Environmental and Regulatory Issues. The Construction Practice Group, in conjunction with Troutman’s Environmental Practice Group, works to ensure compliance with environmental laws and regulations including NPDES, CERCLA, RCLRA, as well as other applicable environmental laws. In the event of a violation, we intervene with the environmental enforcement division of the EPA or local agency to negotiate and resolve the violation as quickly and efficiently as possible.
Indoor Air Quality. We assist clients with the resolution of indoor air quality issues, including advising on the remediation and cleanup of mold, the investigation of radon and the prosecution and defense of sick building syndrome claims.
Client Training. We frequently provide educational courses, training, and seminars to clients regarding topical issues affecting the construction industry, including existing laws and regulations, recent trends and industry issues, job site management and project controls, among others.
International Projects. We interface with attorneys in our London and Hong Kong offices to assist clients that are doing business throughout Europe and Asia. We routinely assist clients in addressing challenges arising from differences in culture, politics, economies, or commercial relations throughout the northern hemisphere.
Public Contracts. The Construction Practice group represents contractors and other entities that provide a wide array of goods and services to government agencies, routinely assisting firms in connection with contracts involving all the most significant federal purchasing agencies – DOD, DOE, EPA, NASA, GSA, HHS, USPS – as well as procurements by many other federal, state and local entities.
Dispute Resolution. Our attorneys have handled construction disputes of every kind, shape and size, and have access to forms and experience of every type with respect to both construction and development.