Practice/Industry Group Overview
Attorneys in the Construction Practice Group at Procopio represent all segments of the construction industry, including owners, developers, public entities, general contractors, subcontractors, suppliers, sureties and financial institutions, on the legal issues that arise at all stages of public and private construction projects. We are active in the ABA Forum on the Construction Industry, the ABA Surety Law Committee, the Associated General Contractors, the American Subcontractors Association, the Engineering General Contractors Association, and other construction-related organizations. Our construction attorneys frequently write articles for and speak at seminars and other programs presented by such organizations. We have extensive technical and legal capabilities in the following specific areas:
Contract formation and performance
We have extensive experience with all manner of construction and engineering contracts, including standard form industry contracts from the American Institute of Architects, Associated General Contractors of America, Engineers Joint Contracts Documents Committee and the Construction Management Association of America, as well as specially drafted contracts. Our attorneys regularly structure, negotiate, prepare, review and analyze such contracts, and address legal issues that commonly arise during the bid and construction process.
Environmental and land use issues
Our construction attorneys, often working closely with attorneys in our Environmental, Land Use and Governmental Affairs Practice Group, regularly assist clients with permitting, licensing and other regulatory requirements, as well as the land use and environmental issues that arise in construction projects.
We regularly handle bid protests in connection with public projects, advising and representing owners, public entities, general contractors, subcontractors, suppliers and sureties on bidding requirements, requests for proposals and qualifications, and improper or illegal contract specifications.
Mechanics' lien, stop notice and payment bond claims
We assist clients with a wide variety of construction-related disputes and claims, including the prosecution and defense of mechanics' lien, stop notice and payment bond claims. We also advise clients on the preservation of their statutory rights in connection with the execution, recording and service of preliminary notices, mechanics' liens, stop notices and construction bonds, as well as the perfection of claims.
Our construction attorneys strive to resolve construction disputes as quickly and efficiently as possible in order to minimize the financial impact to you and your project. We regularly represent clients in litigation, mediation, arbitration and informal negotiations with regard to a wide range of contractual claims, including delay, disruption, acceleration, inefficiency, and nonconforming and defective work claims.
Surety bond claims
We represent numerous Surety companies in the defense of bond claims and in the recovery of indemnity and defense cost claims against surety bond principals and indemnitors.
State and federal false claims act claims
We represent clients in connection with allegations of violations of federal and state false claim acts, which often arise in construction disputes with public entities in the qualification, bidding and payment processes.
OSHA investigations and citations
We have extensive experience representing clients in matters involving OSHA investigations, citations and penalties, and in appeals before the Occupational Safety & Health Appeals Board.