Practice/Industry Group Overview
The practice of the Construction Industry Practice Group at Wilentz, Goldman & Spitzer encompasses not only the "bricks and mortar" of construction, but every aspect of the development of significant capital projects.
We have represented owners, contractors, subcontractors and others in a wide variety of construction projects ranging from penthouses to underground pipelines and including almost everything in between. Our projects have included educational and medical facilities, office buildings, mixed-use commercial and residential facilities, significant single-family residences, churches, parking garages, environmental remediation projects, transportation, pipelines, roads, bridges and a wide variety of other projects.
We employ an inter-disciplinary, common-sense approach that includes both construction law attorneys and attorneys from other practice areas, bringing to each project the right combination of skills and experience from concept to completion.
We recognize that for many of our clients a complex construction project is not an everyday undertaking. In those situations, having an experienced construction attorney at construction counsel at the table increases the odds of a smooth and fair transaction.
We understand how business realities drive risk allocation, and can often identify options that can help to minimize our clients' risk and increase the bottom line. Some of our attorneys have been members of in-house management teams that have had direct line responsibility for delivering major capital projects on time and on budget. This experience provides us with a close-up understanding of the business goals, as well as the legal issues, that drive complex projects.
We strive to reach negotiated solutions in construction disputes whenever possible, but if we cannot achieve our clients' goals by negotiation we are renowned for our talent and experience in all types of civil litigation from alternative dispute resolution (ADR) including all types of mediation and arbitration, through trial and appeals at all levels of state and federal courts and agencies. Our specific experience in construction-related disputes enables us to identify solutions that might otherwise be missed, and our reputation as effective litigators can encourage favorable settlements that otherwise might not occur.
We recognize and understand that our role is to help our clients achieve their own goals, as smoothly and cost-effectively as they can be achieved. To that end, we provide construction-related law services as outlined below.
- Regulatory and Government Approvals
- Contract Drafting, Review, Bidding and Negotiations
- Construction Lending and Financing
- Site Acquisition and Leasing
- General Business Advice
- Bid Protests
Construction Phase Law Services:
- Contract Administration Issues
- Claims Prevention and Resolution
Post-Construction and Dispute Resolution Services:
- Construction Litigation and Dispute Resolution
- Construction and Mechanic's Liens
Regulatory and Government Approvals
Local, state, and federal regulations including land use, redevelopment, and environmental permitting; public procurement regulations; export controls, industrial security.
Contract Drafting, Review, Bidding and Negotiations
Scope of work, risk review and management, competitive bidding requirements, bid challenges, professional services and consulting contracts, selection of project delivery system (including all forms of construction management and design-build); joint venture, consortium, turnkey, prime-contract, subcontract and teaming agreements. Our attorneys have experience working with AIA, EJCDC, CSI, Consensus Docs, DBIA and FIDIC construction documents.
Construction Lending and Financing
Negotiation of loan documents and project-related lender requirements; 1031 exchanges; performance bonds; payment bonds and insurance coverage issues; PILOT and other redevelopment-related agreements; grant and loan financing through New Jersey Environmental Infrastructure Trust and other programs.
Site Acquisition and Leasing
Ground leases and other financing tools; real estate counsel; commercial leasing; work letters relating to build-to-suit and similar requirements; title insurance issues.
General Business Advice
Formation of appropriate corporate entities; operating agreements and other transactional services, tax advice, general business services; assisting in drafting appropriate insurance provisions, including pollution legal liability and other environmental and general insurance matters.
Representation of bidders and owners in all types of procurement issues, including bid protest litigation.
Construction Phase Law Services
Contract Administration Issues
Contract interpretation, helping clients anticipate legal and business problems, documenting issues and positions, negotiating change orders and assisting in contract management/administration.
Claims Prevention and Resolution
Preparation, evaluation, and negotiation of delay and other claims; project and schedule analysis.
Dispute Resolution Services
Construction Litigation and Dispute Resolution
In the event of construction litigation, our attorneys appear before federal and state courts on all trial and appellate levels, arbitration and mediation panels, and dispute resolution boards. Defense and prosecution of disputes involving scheduling issues (delay, acceleration and disruption claims), construction defects and warranty issues, differing site conditions, design professional malpractice, change orders and termination/default. Litigation risk analysis and budget preparation.
Construction and Mechanic's Liens
Filing and discharging liens, foreclosing on liens, creditor's rights and bankruptcy related matters.