Practice Areas & Industries: Troutman Sanders LLP

Practice/Industry Group Overview

In the highly competitive construction industry, the needs of individual projects and the structure of parties' relationships on projects have become increasingly complicated and diverse, heightening the importance and necessity of experienced legal counseling. The Construction Group at Troutman Sanders LLP has that experience, as well as the ability to guide clients through the maze of complicated issues that arise on every construction project, whether it is a small strip shopping center, a multi-faceted skyscraper or a huge power plant.

At Troutman Sanders, attorneys take a comprehensive approach, starting with the negotiation of a contract that protects and furthers a clients' interests. At each and every step in the construction process, the Troutman Sanders Construction Practice Group can provide talented lawyers with the experience necessary to assist clients with the wide range of questions and problems that inevitably arise on construction projects. Getting legal counseling at the first signs of a developing problem or dispute is often the critical step in resolving the matter quickly and effectively. Indeed, taking preventive measures at the first sign of trouble can dramatically lessen and, in some cases, even totally prevent costly, time-consuming construction claims, litigation or arbitration.

Lawyers in the Construction Practice Group can provide excellent legal assistance and advice on a broad range of issues impacting construction projects, from contract negotiation and drafting through complex construction litigation, arbitration and dispute resolution.

Services Available

Following is a description of the different types of services and assistance provided by the Troutman Sanders Construction Group:

• Licensing - Licensing of general contractors, architects, engineers, and other construction industry professionals.
• Protection of the Design - Copyright, patent and intellectual property protection.
• Lending/Financing Issues - Including construction loans, permanent financing, and refinancing.
• Environmental Matters - Lawyers with knowledge of the maze of regulations; contacts with a vast network of environmental consultants and specialists.
• Zoning and Land Use Planning - The Group lawyers regularly handle zoning and land use issues in the United States.
• Negotiation of Contracts - All shapes, forms and sizes, from multi-million dollar guaranteed maximum price/design-build contracts to small material supply contracts.
• Payment and Performance Bonds - Obtaining the right kind of bonds; and experienced handling of bond claims.
• Public and Private Bids - RFPs, ITBs, bid bonds, bid errors, relief from bids, bid challenges.

Whether drafting form agreements to be used on a series of design or construction projects, reviewing a proposed agreement relating to a particular project, or negotiating the terms of a contract at the bargaining table, Troutman Sanders has experienced contract negotiators and drafters who can help protect clients' rights in the contract negotiation process. We have negotiated and drafted fixed price, cost plus, and guaranteed maximum price construction contracts, as well as architectural and engineering design contracts, design-build contracts, and engineering, procurement and construction contracts, for a variety of projects on a local, regional, national and international level. Firm attorneys help clients understand and allocate the risks in the contract, and explain the effects of key contractual provisions under discussion.

• Issues During Construction - Troutman Sanders can assist with the whole range of issues that arise during the construction of a project, such as:

  Delays
  Payment problems
  Mechanics' and materialmen's liens
  Payment and performance bond issues
  Extra work
  Changes in the work
  Acceleration
  Defects or inconsistencies in the plans and specifications
  Poor coordination of work
  Changed conditions
  Labor problems or disputes
  Environmental problems or impacts (including hazardous materials issues)
  Injured workers/safety issues Damages to property or work in progress
  Indemnity issues Bankruptcy Abandonment of contracts

• Modifications to Contracts - Change Orders and other modifications.
• Termination of Contracts - When to terminate, how to properly terminate, and evaluation of the risks involved in terminating.
• Claims - A full range of claim services, including litigation, arbitration, and mediation of claims and disputes.
• Closing Out the Project - Getting all the key documents.
• Warranties - Obtaining the warranty documents, and pursuing or defending claims for breach of warranties.
• Indemnities - Enforcing indemnity obligations.

The Construction Group has extensive experience representing owners, developers, engineers, contractors and lenders in prosecuting and defending design and construction-related claims, including claims involving delays, acceleration, changes and extra work, warranties, defective workmanship, design deficiencies, surety bonds, personal injury, property damage, water runoff, liens, labor disputes, hazardous substances, and fraud. The Group is also experienced in all types of alternative dispute resolution, including arbitration, mediation, mini-trials, and summary jury trials. Troutman Sanders has provided effective representation to clients in a wide range of design and construction-related matters.

Illustrative examples of matters handled by Troutman Sanders Construction Group lawyers include:

• Representing the owner/developer of a 55-story office tower in the negotiation and drafting of a guaranteed maximum price contract for construction of the tower.
• Representing a major league baseball team on contractual and legal issues relating to design, construction and completion of Olympic Stadium, later converted to baseball stadium.
• Representing a developer of a multi-purpose arena facility in drafting and negotiating various development, design, construction, consulting, and project management agreements.
• Winning a bid challenge for a general contractor which resulted in re-bid of a multi-million dollar construction contract.
• Defending the owner of a semi-conductor manufacturing facility in arbitration of a $6 million delay and acceleration claim filed by a mechanical subcontractor, resulting in a favorable settlement.
• Winning an arbitration for an owner involving defective grading and improper soil compaction claims arising out of the construction of a 540-unit apartment complex.
• Negotiating and drafting a complex demolition contract, for an owner, calling for demolition of a 20-story office tower riddled with asbestos and other hazardous materials.