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Construction

Construction Crane

Construction

Sophisticated counsel for every construction and development challenge.

Public and private owners, contractors, subcontractors, suppliers, manufacturers, and design professionals benefit from our experience and creativity in all stages of design and construction, including our strong record of trying and winning construction disputes.

The Perkins Coie Construction team collaborates with clients on public and private projects locally, nationally, and internationally, from project conception through all stages of design and construction. We know the industry, understand the challenges that can arise, and help deliver successful projects.

We handle projects of all sizes within a client’s program, from small improvements to major projects, and regularly assist clients with all major delivery options. In recent years, we have served as project counsel and drafted and negotiated design, construction, and related agreements for billions of dollars of public and private construction projects, large and small. We also help clients win construction disputes in a variety of dispute resolution forums.

How we help clients

  • Advise on construction and development projects from conception and funding through completion
  • Strategize and help to implement successful procurement strategies
  • Draft and negotiate a range of contracts, both manuscript and using common industry forms
  • Address compliance issues
  • Advise on dispute avoidance and informal claim resolution
  • Drive successful outcomes in formal dispute resolution, including arbitration and litigation

Areas of Focus

Project Development & Procurement

At the outset of a project, we represent both owners and contractors on procurement issues and related disputes, including bid submission compliance; bid protests and bid withdrawals; and eligibility and compliance with small, disadvantaged, and minority-owned business enterprise programs.

Owners also often turn to us for advice on project structuring, including public-private partnerships and project delivery options, such as design-bid-build, GC at Risk, design-build, design-build-operate-maintain, and engineering, procurement, and construction contracting structures. We regularly prepare prequalification, request for proposal, bidding, and other "front-end" documents and assist in the selection and engagement of the project team.

Contract Preparation & Negotiation

Our team drafts and negotiates a variety of contracts on a broad spectrum of projects locally, nationally, and internationally. Our goal in contract drafting is to avoid costly problems later in a project through clarity, fairness, and thoroughness. Our lawyers have a strong working knowledge of American Institute of Architects; ConsensusDOCS; Engineers Joint Contract Documents Committee; Design-Build Institute of America; International Federation of Consulting Engineers; Infrastructure, Construction, and Engineering; and other industry forms. For clients that prefer manuscript contracts, our team uses its vast experience to draft contracts from scratch to meet project needs.

Contract Administration

We help clients identify and address potential contractual performance issues as they arise during design and construction to prevent them from becoming disputes. Clients seek our help analyzing a range of problems, including design errors and omissions, delays and time extension requests, change requests, unforeseen or differing site conditions, and defective work. We also counsel clients on handling lien and bond claims, surety takeover and liquidating arrangements, and terminations for default and convenience.

In addition, we provide guidance on a variety of labor issues, including "double-breasted" operations, union certification and decertification campaigns, picket control, union trust fund audits, and Davis-Bacon and little Davis-Bacon prevailing wage compliance. We also assist with Occupational Safety and Health Administration, Americans with Disabilities Act, Fair Housing Act, and building code compliance.

Claims & Negotiation

Our lawyers have extensive experience preparing, analyzing, and negotiating claims and requests for equitable adjustment on private and public projects. In addition to cost and technical issues, many claims involve allegations of delay and/or inefficiency and disruption. Our experience with delay analyses, construction costs, and damages calculations allows us to assist in developing strategies to resolve claims of every variety.

Dispute Resolution & Support

When claims arise and are not resolved at the project level, we have broad experience in state and federal trial and appellate courts, as well as in alternative dispute resolution. Most years, we successfully represent clients in multiple trials and arbitrations. In recent years, we have successfully helped clients pursue and defend claims of all sizes and types, including construction delays and impacts, cost overruns, design and architectural errors and omissions, construction defects, surety issues, termination disputes, and insurance coverage, among other issues.

Our group is distinct in that many of our members have technical backgrounds in architecture, engineering, and construction. We also employ innovative technologies to support dispute resolution, including document management, cost accumulation and assessment, and graphics and animation presentations.

Our Team

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AGreene@perkinscoie.com

Notice

Before proceeding, please note: If you are not a current client of Perkins Coie, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Perkins Coie has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing or retaining a lawyer. An attorney-client relationship with Perkins Coie or any lawyer at Perkins Coie is not established until and unless Perkins Coie agrees to such a relationship as memorialized in a separate writing.

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