Practice/Industry Group Overview
Halloran & Sage built our construction practice on a foundation of hard work and proven results. We emphasize value-added service focused on helping clients to achieve their business goals through risk identification and management and, when necessary, litigation.
We regularly counsel and assist contractors, subcontractors, suppliers, owners, developers, sureties, insurers, lending institutions and design professionals in all types of construction claims, disputes and transactions on federal, state and private construction projects, including claims involving bid disputes, debarment, mechanic’s liens, payment and performance bonds, termination and delay issues, scope-of-work disputes, unforeseen and differing site conditions, design and construction defects, and insurance coverage.
Our team includes two engineers who practiced in both the private and public sectors and a former vice president of a major construction company, who have over 35 years of combined experience in the construction industry. This first-hand knowledge allows us to effectively represent our clients because we have the unique and distinct advantage of not only knowing the law, but also the standards and customs of the construction industry.
Our first-hand experience allows us to effectively represent our clients from the inception of the project through completion. This includes drafting and negotiating construction, design and financial agreements, counseling our clients on risk management and risk avoidance, and effectively resolving’ claims and disputes through negotiation and mediation. However, if we are unable to resolve a dispute, we have a proven track record of aggressively and successfully prosecuting and defending claims in the state and federal courts at the trial and appellate levels and before arbitration panels.
Construction Claims and Litigation
Our attorneys have experience handling all facets of construction claims and litigation. We have a highly active practice in which we represent contractors, subcontractors, suppliers, owners, developers, manufacturers, sureties, insurers and design professionals in all types of construction claims and disputes on both public and private construction projects. Our experience includes claims involving state and federal bid disputes, mechanic’s liens, payment and performance bonds, termination and delay issues, scope-of-work disputes, unforeseen and differing site conditions, construction defects, insurance coverage and debarment proceedings. We have built a solid reputation in construction law, having successfully represented our clients in mediation, arbitration and litigation.
Our team consists of two engineers who practiced in both the private and public sectors and a former vice president of a major construction company who have over 35 years of combined experience in the construction industry. This first-hand knowledge allows us to effectively represent our clients because we have the unique and distinct advantage of not only knowing the law, but also the standards and customs of the construction industry.
We have been successful in resolving our clients’ claims and disputes through negotiation and mediation. However, if we are unable to fairly and equitably resolve a dispute in these forums, we have a proven track record of aggressively and successfully prosecuting and defending numerous claims in the state and federal courts, at both the trial and appellate levels, and before arbitration panels.
The depth and experience of our team allows us to represent our clients throughout all phases of the construction project, from inception through completion, including one of the most critical phases of the project-financing.
Our attorneys are experienced in complex commercial finance and corporate transactions, having represented institutional lenders and borrowers in commercial real estate transactions, corporate loans and private placements throughout the United States. We also have extensive experience in workouts of debt and equity investments, financial restructurings and asset dispositions, as well as many types of commercial and corporate transactions. As a result, we routinely represent owners, developers, and prominent banks in financing all types of construction projects, including drafting and negotiating financing agreements that are required before, during and after the completion of a construction project.
Contracts and Risk Management
Because we are a full-service law firm, we have the unique ability of tailoring our services to the client and the project. Our attorneys have experience drafting and negotiating design, financing and construction agreements for owners, developers, lending institutions, contractors, subcontractors and design professions for both private and public construction projects. We also have particular expertise in state and federal construction contracting, drawing on the experience and knowledge of our government contracts practice group. Because our team also consists of attorneys who are experienced in real estate and finance, we have the unique ability of being able to draft and negotiate contracts for all facets of the construction project.
Every construction project carries risks for all parties involved. Each interested party must clearly understand the risks it faces, determine the risks it is willing to tolerate and figure out the strategies available to manage and finance those risks. Our attorneys have extensive experience with all types of construction contracts and project delivery methods. We can efficiently identify terms and conditions that contain onerous risks and allocate and/or finance them accordingly. We are also familiar with applicable insurance products to manage the allocation of risks. We negotiate hard for our clients with the understanding that the best contract is usually one that is reasonable to all parties involved.
For those involved in construction projects, the best protection against disputes down the road is a well-written contract at the outset. Our attorneys have in-depth knowledge of construction law and the construction industry. This enables us to anticipate potential problems and negotiate terms to address them. We understand the variables that can impact how an agreement allocates risks, defines deliverables and sets schedules. We build agreements that stand up for the life of a project, and when necessary, during litigation.
Design Professional Responsibility
Our attorneys regularly represent architects and engineers and other design professionals in claims alleging defects and errors and omissions in design on all types of residential and commercial construction projects. We have two engineers on our team who have more than 20 years of combined experience actively practicing engineering in both the private and public sectors and a former vice president of a major construction company who understands the claims design professionals may face from contractors and owners. This first-hand knowledge allows us to effectively represent our design professional clients because we have the unique and distinct advantage of not only knowing the law, but also the underlying design and engineering standards of our professional responsibility cases. We have represented numerous design professionals in matters ranging from residential and commercial construction to earth retention systems.
We routinely counsel owners, developers, contractors, subcontractors, suppliers and sureties on bid, payment, performance and mechanic’s lien bond issues. We advise and assist contractors, subcontractors and suppliers in securing payments on both commercial and residential construction projects by preparing, filing and foreclosing on mechanic’s liens and by preparing, negotiating, and litigating, if necessary, claims on surety bonds. We also advise and assist owners in resolving and defending against mechanic’s liens and sureties in resolving and defending against bond claims. We have the unique ability to craft solutions to complex suretyship issues and to efficiently resolve bond claims by drawing upon on our many years of experience and knowledge in business and the construction industry.