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Construction


Overview

Our construction group provides legal services on all aspects of construction, including pre-bid considerations; contract drafting and letting; construction administration; liens; bonds; insurance; and dispute resolution, including mediation, arbitration, settlement, and trial. We have experience in projects such as office buildings, condominiums, water treatment plants, power plants, airports, schools, highways, subdivisions, solid waste disposal plants, residential or apartment developments, process plants, arenas, stadiums, convention centers, hotels, and other special-use facilities. Lawyers within the group focus on areas such as delay claim analysis, construction defects, differing site conditions, and design professional liability. Every day, we work closely with design professionals, forensic and accounting experts, engineers, and our clients to achieve the best possible outcomes in all phases of the construction process.

We seek to help our clients avoid disputes, but when claims arise, we focus on achieving the most effective, efficient resolutions. At every stage of the litigation or dispute resolution process, we prosecute or defend claims vigorously. Our group has extensive mediation and arbitration experience, as well as experience managing and litigating major construction cases in the judicial setting at both the trial and appellate levels.

Representative Clients 

  • Public and private developers and owners 
  • General contractors, subcontractors, and suppliers 
  • Homebuilders 
  • Design professionals 
  • Condominium associations 
  • Sureties 
  • Insurers and insureds (in the defense of construction risk claims


Industry Leadership

Our attorneys regularly lecture and write on topical construction law issues. They are leaders and active members in many construction-related professional associations, including:

  • The American Bar Association’s Forum on the Construction Industry
  • The American College of Construction Lawyers
  • The American Bar Association’s Fidelity and Surety Law Committee of the Tort Trial and Insurance Practice Section
  • Surety Claims Institute
  • Associated Builders and Contractors
  • Associated General Contractors
  • Construction Financial Management Association
  • Local bar association construction law committees
  • Several of our attorneys are members of the American College of Real Estate Lawyers


Recognition

Experience

Airports

  • Hartsfield-Jackson Atlanta International Airport. Provided legal contract administration through project closeout as project counsel to the general contractor for construction of airport.
  • Atlanta Delta Air Cargo Terminal. Provided legal contract administration through project closeout as well as pre-contract review and modifications.
  • Metropolitan Washington Airports Authority (MWAA). Presently procurement counsel to MWAA for Dulles International Airport, Reagan National Airport, and Dulles Toll Road.
  • Raleigh-Durham International Airport. Represented subcontractor in connection with claims for extra work and defective workmanship on construction of new American Airlines terminal.
  • Richmond International Airport. Provided legal contract administration through project closeout.
  • San Salvador Airport. Prepared request for equitable adjustment for contractor on the runway extension for the San Salvador Airport construction project in the Bahamas.

Environmental

  • Asbestos Removal. Represented bank in Florida and various private developers in preparation of contract and bid documents for asbestos abatement and removal and disposal requirements in demolition/renovation projects
  • Decontamination. Served as mediator for resolution of dispute on Oak Ridge federal cleanup.
  • Heavy Metal. Counseled client in contracting for excavation and disposal of contaminated soil taken from project site. Negotiated contract for removal with special emphasis on indemnity provisions.
  • Insurance Policy Coverage Dispute, Pollution Exclusion. Represented property owner in suit against insurance companies for a “duty to defend” and coverage requirements. An accidental puncture and leakage of an underground storage tank during construction of an office building involved subcontractor’s insurance policies with owner named as “additional insured.”
  • Mold. Counseled and defended hotel operators and homebuilders on the wave of personal injury and property damage claims arising from EFIS.
  • PCB and Dioxins. Represented remediation contractor in mediation with owner resulting from a fire in an industrial plant.
  • Sick Buildings. Advised hospital owner on legal exposure and liabilities regarding mold in hospital and pursued contractors and insurers.
  • Subsurface Asbestos. Provided legal advice to and represented owner in arbitration involving excavation encountering naturally occurring subsurface asbestos and resulting work stoppage, remediation, and various liability issues.
  • Waste Water Treatment Plants. Legal counsel for owners and contractors on construction of wastewater treatment facilities:
    • Alexandria, Virginia.
    • Blue Plains, Washington, D.C.
    • Broward County, Florida.
    • Miami-Dade, Florida.
    • Patapsco, Maryland.
    • Sacramento, California.
    • Snapfinger, Georgia.

Federal

  • Central Intelligence Agency. Represented the building contractor on claims against the Agency on various projects.
  • Embassy Construction. Represented contractors for construction of embassies and chanceries of Russia, Kuwait, New Zealand, France, and Italy. Represented the government of Greece in embassy construction. Presently, representing U.S. contractor constructing U.S. Embassy in Mongolia and Indonesia.
  • Federal Reserve Board. Represented bid protestor on mechanical system construction for chairman and Federal Reserve Board members.
  • Ronald Reagan Building, Federal Triangle Project. Represented the concrete and stone contractor on contract payment issues. Served as mediator for owner/curtain wall subcontractor dispute.
  • Smithsonian Institute. Represented the contractor on all construction aspects of the Smithsonian “attic.”
  • U.S Capitol. Represented the contractor for construction of the U.S. Capitol Visitor Center. Defended $7 million subcontractor claim in a ten-day arbitration (award rendered in 2011).

Hospitals

  • Drafted contract and general conditions for major reconstruction and additions in Miami, Florida.
  • Project construction counsel to owner for $60 million renovation and new construction in Roanoke, Virginia. Follow-up work on design-build “replication” of successful operating wing.
  • Counsel to owner involved in contract formation, troubleshooting, and closeout in Christiansburg, Virginia.
  • Counsel to owner on new construction and renovations in Washington, D.C. Drafting of standard construction and architectural contracts for multiple projects.
  • Counsel to owner for new health care facility in Palm Beach County, Florida.
  • Advised owner on contract administration legal issues, project closeout issues, and issues involving defective services and construction in Rockville, Maryland. Represented owner in successful arbitration proceedings.
  • For general contractor, involved with pre-construction review, contract administration, legal issues, and closeout in Miami, Florida.
  • Project construction counsel for $70 million replacement facility in Fredericksburg, Virginia.
  • Defended claim by subcontractor against general contractor in Augusta, Georgia.

Hotels and Resorts

  • Beaches Resort and Spa, Providenciales, Turks and Caicos. Counsel to the general contractor in recovery of more than $5.5 million in legal fees in arbitration with owner (Zurich Insurance, Toronto, Canada).
  • Barbados Courtyard by Marriott, St. Michael, Barbados, West Indies. Represent Costa Rican owner of hotel defending contractor claims before dispute adjudication board.
  • Barbados Hilton, St. Michael, Barbados, West Indies. Represented owner of new 380-room hotel in arbitration with contractor under UNCITRAL Arbitration Rules and the law of Barbados.
  • Colonnade Hotel, Baltimore, Maryland. Represented the contractor in successful arbitration with owner.
  • Dubliner Hotel, Washington, D.C. Counsel to contractor on contract negotiation and performance issues.
  • Gaylord National Resort and Convention Center. Represented developer of National Harbor in Washington, D.C.
  • Grand Bay Hotel Coconut Grove, Miami, Florida. Counsel to contractor on drafting and performance issues.
  • Grand Hotel, Washington, D.C. Counsel to contractor on negotiations, performance, and closeout on construction.
  • Grand Hyatt, Washington, D.C. Counsel to contractor on contract negotiations, contract performance, claims, and closeout.
  • Holiday Inn/Crowne Plaza. Counsel to owner (Home Plaza, Paris, France) on contract negotiations, construction, and contract dispute/closeout issues.
  • Host Hotels. Drafted standard form documents for nationwide use on construction-related activities.
  • La Source Hotel and Spa, St. George’s, Grenada, West Indies. Provided expert witness testimony on AIA standard form documents for hotel owner in claim against contractor’s bonding company.
  • Ritz Carlton Golf Resort, Naples, Florida. Represented owner in resolution of owner and contractor claim and closeout of the project.
  • Royal Palm Crowne Plaza. Represented owner on closeout and claims associated with 300-plus-room historic hotel renovation on South Beach in Miami, Florida.
  • Sandals Hotel, Nassau, Bahamas. Represented contractor in successful arbitration award against owner.
  • Sheraton Hotel, Santiago, Chile. Advised curtain wall subcontractor on renovation project in Lima.
  • Sheraton Orlando World Resort. Represented owner on construction defects and resulting damage claims versus general contractor.
  • The Doyle Collection. Represented the client in connection with renovation of three Washington, D.C., hotel properties.
  • Watergate Hotel. Represented the developer in the reconstruction of the Watergate Hotel in Washington, D.C. 

International

  • Afghanistan. Represented U.S. contractor in arbitration with Indian subcontractor on USAID 114-kilometer road in eastern province of Afghanistan.
  • Bahamas. Successful claims resolution for three Nassau-based general contractors.
  • Turks & Caicos Islands. Arbitrated case for the general contractor of Sandals Resort Hotel to successful $5 million arbitration award and through enforcement action in Turks & Caicos Islands. Case was heard before Privy Council in London and landmark decision rendered in favor of the firm’s client.
  • Barbados. Mediated settlement of $20 million dispute at eve of arbitration for government of Barbados on a 380-room hotel project.
  • Chile. Represented curtain wall contractor on rehab of hotel in Santiago.
  • Grenada. Expert trial witness on AIA standard form construction documents.
  • Indonesia. Representing U.S. contractor on construction of embassy in Jakarta.
  • Iraq. Represented two electrical contractors in claims against U.S. government (transmission lines and substations). Successful summary judgment decision at ASBCA.
  • Mongolia. Represent general contractor in upgrades to U.S. Embassy project.
  • Puerto Rico. Selected as arbitrator for dispute regarding cellular tower installation.
  • Advice to British Contractor on Joint Ventures Agreement. Advised contractors in Eastern Europe and Middle East regarding use of foreign agents by U.S. companies operating abroad, implications under Foreign Corrupt Practices Act, and limitations on U.S. government foreign assistance in instances of expropriation or violation of international law.
  • Embassy Construction. Represented contractors for negotiations, contract administration, and resolution of Embassy and Chancery construction in Washington, D.C., involving the following countries:
    • France.
    • Italy.
    • Kuwait.
    • New Zealand.
    • USSR (Russia).
    • Represented the government of Greece (Greek Public Real Estate Corporation) for construction of the Chancery in Washington, D.C.

Power and Utility

  • Glatfelter Cogeneration Project. Provided advice to subcontractor during construction of a cogeneration project involving paper-manufacturing process for private owner. Assisted in claim preparation and instituted litigation in dispute with design-build contractor.
  • Iraq Reconstruction. Represented contractor on successful claims resolution with the U.S. government on construction of power transmission towers and lines in Haditha, Baiji, and al-Qaim.
  • Omega II Joint Venture. Represented engineer in lawsuit with owner on West Virginia hydroelectric project.
  • Portland National Gas Transmission System. Contract drafting of project development agreement for planning, designing, constructing, owning, and operating interstate natural gas pipeline system.
  • Stanton Energy Center. Provided ongoing counsel to the Orlando Utilities Commission in the successful negotiated resolution of approximately $30 million in construction claims at the Stanton Energy Center. The contract was a multiple prime with construction management and fast-track design.
  • Fiber Optic. Represented general contractor for Washington, D.C.; Virginia; and greater Baltimore in arbitration with trench and bore subcontractor.
  • Water. Represented pipeline contractor in successful jury trial in the U.S. District Court for the Eastern District of Virginia (Alexandria).

Prisons

  • Atlanta Jail. Project counsel for the general contractor on all aspects of jail construction, including contract review, performance problems, claims, design problems with smoke evacuation, and project closeout.
  • Baltimore County Department of Corrections. Represented electrical prime contractor on major delay and impact claims involving modular construction on a multi-prime project.
  • California Department of Corrections and Rehabilitation. Represented security and fire alarm systems contractor on multimillion-dollar delay, disruption, and defective design claims against the state.
  • D.C. Jail. Represented security and fire alarm systems contractor on $300,000 delay, disruption, and defective design claims against the District of Columbia. Claim was settled by negotiation.
  • Federal Bureau of Prisons. Settled through ADR (mediation) $20 million claim with the Bureau for prison in North Carolina.

Transportation

  • Afghanistan. Represented U.S. contractor in arbitration with Indian subcontractor on USAID 114-kilometer road in eastern province of Afghanistan.
  • Dulles Toll Road, Virginia. Procurement counsel to Metropolitan Washington Airports Authority (MWAA).
  • Hartsfield-Jackson Atlanta International Airport. Project counsel for the HOH joint venture, contractor for construction of terminal buildings, runways, concourses, and rapid transit tunnels. Involved in litigation and arbitration of several million dollars of claims.
  • Everglades National Park/Shark Valley Road Project. Counsel to contractor for roadway project in Everglades National Park for appeal to the U.S. Department of Transportation Board of Contract Appeals on changed conditions and defective specifications claim and default termination. Case involved interpretation and application of provisions of Florida DOT “Standard Specifications for Road and Bridge Construction” and “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects.”
  • Georgia DOT. Claims advice to landscape contractor involving beautification of state highway system.
  • Maryland DOT. Claims advice to contractor for expansion of state highway in Largo, Maryland; construction of major interstate highway expansion claim presentation and settlement.
  • Virginia DOT. Represented owner in condemnation proceedings.
  • Atlanta MARTA. Represented general contractor in change orders and claims on MARTA station construction (Lindbergh and North Avenue stations).
  • Miami-Dade Metro Transit. Represented general contractor for the construction of bridges, lines, and stations between the Miami Airport and Coconut Grove on the Miami rapid transit system on five claims, including issues of delay, disruption, and acceleration. Initiated lawsuit in the U.S. district court on behalf of contractor. All claims were successfully settled. Stations included Vizcaya and Coconut Grove station. Lines included the Miami River crossing.
  • Pittsburgh, Pennsylvania Rapid Transit System. Represented one of the joint venture general contractors for litigation in U.S. district court affirming an arbitration award. Negotiated with U.S. Department of Transportation concerning guarantee obligations and claims handling.
  • Washington Metropolitan Area Transit Authority. Represented several contractors and subcontractors for construction of underground stations and tunnels for the Washington, D.C., subway system in the District of Columbia, Virginia, and Maryland. Negotiated and litigated cases between contractors and the transit authority before the Engineering Board of Contract Appeals.
  • San Salvador Airport. Prepared request for equitable adjustment for contractor on the runway extension for the San Salvador Airport construction project.

All Insights

The Hurricane is Coming in Five Days - Are We Ready for This?

The Hurricane is Coming in Five Days - Are We Ready for This?

August 30, 2019

Securing construction sites is critical during a hurricane. What elements should be included in a preparedness plan? What legal issues may arise?

Florida Regulation of PFAS at Airports and Governmental Installations Ramps Up

Florida Regulation of PFAS at Airports and Governmental Installations Ramps Up

July 31, 2019

A new environmental issue could have a major impact on airports. This client alert discusses regulations by the Florida Department of Environmental Protection regarding PFAS and its impact on airports and governmental installations.

Florida Appellate Court Rules That Arbitration Agreement in Special Warranty Deed Can Bind Subsequent Purchasers

Florida Appellate Court Rules That Arbitration Agreement in Special Warranty Deed Can Bind Subsequent Purchasers

July 16, 2019

A Florida appellate court recently resolved an issue of first impression with potentially wide-ranging effect relating to arbitration provisions in residential warranty deeds. This client alert discusses the court’s decision and its impact on homebuilders and title insurance.

Pending Approval By Governor, Companies That Rent Industrial

Pending Approval By Governor, Companies That Rent Industrial "Special Mobile Equipment" Will No Longer Be Subject to Strict Vicarious Liability for the Actions of Their Renters

April 30, 2019

If signed into law by the Governor, a new bill passed by the Florida Legislature will change the law that currently imposes strict vicarious liability on the owners of special mobile equipment, such as cranes and loaders, when leasing equipment to third parties. This client alert provides an overview of the bill and how it affects owners of special mobile equipment.

The Developing Climate: How Climate Change Affects the Development Industry

The Developing Climate: How Climate Change Affects the Development Industry

April 4, 2019

In this podcast, Ken Tinkler and James Parker-Flynn discuss what developers need to know about climate change and its impact on the development industry – now and in the future.

Caps Off to You: DOL Proposes Raising Salary Cap

Caps Off to You: DOL Proposes Raising Salary Cap

April 1, 2019

The U.S. DOL has proposed raising the salary cap for exempt white-collar workers. Here are some tips for employers in responding to the proposed changes

Supreme Court of Florida Upholds the <i>Frye</i> Standard

Supreme Court of Florida Upholds the Frye Standard

November 13, 2018

On October 15, 2018, in the matter of Richard Delisle vs. Crane Co., et al. , the Supreme Court of Florida unequivocally reaffirmed that Frye remains the standard for the admission of expert testimony. This reaffirmation comes after the Florida Legislature amended section 90.702 to incorporate the Daubert standard into the Florida Rules of Evidence in 2013.

Fourth DCA Rules Chapter 558 Notice of Defect Can Constitute Commencement of Action Giving Plaintiffs More Time to File Suit

Fourth DCA Rules Chapter 558 Notice of Defect Can Constitute Commencement of Action Giving Plaintiffs More Time to File Suit

September 19, 2018

On September 12, the Fourth District Court of Appeals ruled that a Chapter 558 notice of defect can be considered the “commencement” of a construction defect action.

2018 Florida Legislature Amends Construction Statute of Limitations and Repose

2018 Florida Legislature Amends Construction Statute of Limitations and Repose

April 20, 2018

The amendments include a provision addressing completion of the contract and final performance, and a provision extending the statute of repose in certain circumstances.

Notice of a Claim Pursuant to Florida’s Pre-Suit Notice of Construction Defect Statute, Chapter 558, May Trigger an Insurer’s Duty to Defend

Notice of a Claim Pursuant to Florida’s Pre-Suit Notice of Construction Defect Statute, Chapter 558, May Trigger an Insurer’s Duty to Defend

April 9, 2018

Commercial general liability (CGL) insurance policies are necessary for construction projects of all types. Contractors and insurers often have different views on what exactly triggers an insurer’s duty to defend.

Tariff on Imported Steel Will Mean Increased Construction Costs

Tariff on Imported Steel Will Mean Increased Construction Costs

March 20, 2018

Tips for protecting against the impacts of tariffs on steel and aluminum imports

Florida Supreme Court Answers Certified Question in Altman v. Crum

Florida Supreme Court Answers Certified Question in Altman v. Crum

March 1, 2018

Is the notice-and-repair process set forth in Chapter 558, Florida Statutes, a “suit” within the meaning of the CGL policies issued by Crum & Forster to Altman Contractors?

An Environmental Law Strategy is Key to Getting Major Infrastructure Projects Approved

An Environmental Law Strategy is Key to Getting Major Infrastructure Projects Approved

September 29, 2017

Infrastructure project developers need to build their permitting strategy around obtaining environmental approvals.

Key Contacts

Other Team Members

Joseph J. Verdone

Joseph J. Verdone

Certified Planner/Government Consultant
Peter J. Winders

Peter J. Winders

Shareholder and General Counsel

Featured Insights

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.