Practice Areas & Industries: Kutak Rock LLP

 




Construction and Development Return to Practice Areas & Industries

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Practice/Industry Group Overview

We have represented hundreds of developers, lenders, contractors and other participants in all aspects of real estate construction and commercial development transactions across the country. From small ventures to big box retail centers, sports arenas and convention centers, we understand that real estate development is an interactive process and that each development is unique. Our attorneys work closely with our clients and engage in discussions at the early stages of a project to think creatively about how to tailor the parameters of the project in order to enhance its successes.

With a deep understanding of the construction and development arena and our extensive experience in financing on the debt and equity sides of the transaction, we are uniquely positioned to assist our clients through every step of the process. They rely on us to negotiate and draft purchase and sale agreements, construction contracts, development agreements and other construction and related documentation. We routinely draft, review, negotiate and advise clients on development, design, construction management, construction and related contracts, including extensive experience with AIA forms. In addition, we regularly provide counsel on specifications, mechanics’ liens, lien waivers, suspension of performance, contract drawing/contract document interpretation and issues, certification requirements generally associated with construction projects, job scheduling, warranties, insurance coverages and bonds. As a deal proceeds to closing, we also address all forms of closing requirements, ground lease matters, title and survey issues and other diligence matters, as well as negotiate financing documents and leases related to the development of the project. This enables us to achieve creative solutions to any unique problems faced by our clients, including developers, contractors, lenders, suppliers, design professionals and insurers. And if problems arise that are caused by changes, delays, productivity and defects, we turn to our experienced litigation team for assistance.

The firm’s construction litigation attorneys draw upon their experience preparing, defending and analyzing the full spectrum of construction claims (including changes, delay, impact and acceleration, labor and inefficiency, defective specifications, differing site conditions, suspension of work, termination for convenience, wrongful termination and termination settlement procedures, and bond actions), as well as handling such matters as bid protests, False Claims Act matters, Contract Disputes Act issues, and federal grant and assistance programs.