Practice/Industry Group Overview
Greenberg Traurig assists clients from the initial conception and project delivery planning at the front end of projects through their completion, and from the negotiation of contracts and preparation of bids to the resolution of construction disputes. Our experience is rooted in a diverse client base including some of the top construction companies in the world as well as owners, developers, construction lenders, construction managers, subcontractors, vendors, architects and engineers.
The Greenberg Traurig team is an integral player in the construction industry. Our lawyers are leaders in construction industry trade associations and have engineering degrees as well as real world construction experience. Supported by a full-service law firm, we are uniquely positioned to handle the diverse challenges that confront the construction industry, including government issues, taxation issues, project finance issues, environmental regulations, bankruptcy issues, intellectual property rights, real estate transactions, labor and employment issues. This range of experience allows Greenberg Traurig to solve today’s problems today and deliver business-focused solutions during all phases of the construction process.
- Design-Build Projects
- Manufacturing Facilities
- Convention Centers
- Theme Parks
- Water and Waste Water Management
- Highways and bridges
- Resorts and Hotels
- Educational Institutions
- Arenas and Stadiums
- Design defects
- Cardinal changes
- Insurance issues
- Differing site conditions
- Site access problems
- Structural failures
- Rejection of nonconforming work
- Mechanic’s liens
- Payment and performance bonds claims
- Performance guarantees
- Liquidated damages and warranties
Project Delivery Planning
Greenberg Traurig has extensive experience with all types of project delivery options and continuously improve upon the major industry contract forms, including the forms prepared by AIA, AGC, EJCDC. Based on our vast experience, we have also developed contract forms that specifically address getting the scope of projects right from the planning phase.
Greenberg Traurig assists clients to solve problems during the contract performance period, streamlining project administration, job close-outs and dispute resolution. Often, we confront and resolve a problem in the field the day it arises. We prove repeatedly that a prompt, common sense response often prevents lengthy litigation, thereby keeping the project team working cooperatively and focused on the many challenges of the job and minimizing the delays and disruption that leads to major construction litigation or arbitration.
Greenberg Traurig has extensive experience in all forms of construction dispute resolution including early mediation, arbitration, bench trials, and jury trials. We provide a full range of experience with respect to government contracts on behalf of both contractors and public owners, including bid protests and claims.
When litigation or arbitration cannot be avoided, however, we fight efficiently and tenaciously for our clients. Our attorneys have successfully handled countless construction cases before state and federal courts, state and federal administrative agencies, and international tribunals. We bring particular expertise in structuring all variants of alternative dispute resolution, including mediation, dispute review boards, fact focused negotiations and other creative approaches to resolve complex disputes fairly and efficiently.
Our construction attorneys apply our in-depth knowledge of the law and extensive experience to the initial appraisal and development of a plan of attack to continuum of design issues, ADA issues, construction defect claims, extra work claims, delay and disruption claims, acceleration claims, and claims for lost labor and equipment productivity. We have a thorough understanding of major scheduling techniques, and we know the intricacies of calculating and proving claims for extended project costs and unallocated home-office overhead to maximize the recovery or defense of losses on a delayed project.
Accessibility and Building Code Compliance
Greenberg Traurig assists clients in matters ranging from permitting, design, waivers, accessibility and compliance to employment issues. The range of public, private and legislative backgrounds among our team members enable them to alert clients to potential ADA and Fair Housing Act issues as well as responding to immediate needs. Our experience includes accessibility and compliance audits as well as litigation related to ADA: Employment (Title I), State and Local Government Programs (Title II), Public Accommodations and Commercial Facilities (Title III), and State and Federal Fair Housing Act (FHA).
Toxic mold issues are gaining momentum and increased public scrutiny throughout the country. There has been a new wave of litigation against builders, contractors, design professionals, product manufacturers with verdicts sought in the billions of dollars.
In order to assist clients develop the appropriate strategy to address these issues, Greenberg Traurig has created an integrated team of lawyers from all of the relevant disciplines to ensure both experience and efficiency. Our team includes lawyers with vast experience in environmental matters, construction litigation, products liability and toxic torts. We have also partnered with a technical and scientific consultancy to provide state-of-the-art scientific, engineering and strategic risk management services to clients who must address a wide variety of public health and environmental risks.
Our team has the experience to provide the Legal Protections and Technical Assistance necessary to:
- Advise clients with respect to the risks and hazards thought to be associated with toxic mold
- Analyze property and liability insurance policies and devise a plan to maximize recovery from insurers
- Develop protocols for inspection, remediation and response
- Develop the necessary strategies to avoid or minimize liability
Representative Toxic Mold Experience
Greenberg Traurig has extensive experience representing owners, developers and general contractors in all aspects of their environmental and construction related matters. For example:
- Represented a major New York City developer sued by a commercial tenant in a toxic mold personal injury action. An environmental consulting firm, arranged by Greenberg Traurig, sampled the building for mold which resulted in a report which determined that the tenant was responsible for the mold growth. The plaintiff dropped the case after these findings.
- Represented a major Miami developer whose skyscraper suffered a massive infestation of mold as the result of a flood. Our lawyers convinced the insurer to pay for the cleanup of the mold.
- Represented the School District of Palm Beach County involving "sick building" problems (mold, etc.) in several public schools, resulting from defective design of the buildings' HVAC (air conditioning and ventilation) systems. Our lawyers obtained a favorable settlement for our client.
- Representation of a major REIT in connection with mold infestation, remediation and property damage claims.
- Representation of a major REIT in the development of protocols for mold inspection, remediation and response.