Construction Law

Greenberg Traurig assists clients from the initial conception and project delivery planning at the front end of projects through their completion, and from the negotiation of contracts and preparation of bids to the resolution of construction disputes. Our experience is rooted in a diverse client base including some of the top construction companies in the world as well as owners, developers, construction lenders, construction managers, subcontractors, vendors, architects and engineers.

The Greenberg Traurig team is an integral player in the construction industry. Our lawyers are leaders in construction industry trade associations and have engineering degrees as well as real world construction experience. Supported by a full-service law firm, we are uniquely positioned to handle the diverse challenges that confront the construction industry, including government issues, taxation issues, project finance issues, environmental regulations, bankruptcy issues, intellectual property rights, real estate transactions, labor and employment issues. This range of experience allows Greenberg Traurig to solve today’s problems today and deliver business-focused solutions during all phases of the construction process.

Core Services

  • Aerospace
  • Airports
  • Design-Build Projects
  • Condominiums
  • Manufacturing Facilities
  • Convention Centers
  • Theme Parks
  • Water and Waste Water Management
  • Highways and bridges
  • Hospitals
  • Resorts and Hotels
  • Educational Institutions
  • Arenas and Stadiums
  • ADA
  • Design defects
  • Cardinal changes
  • Insurance issues
  • Differing site conditions
  • Site access problems
  • Structural failures
  • Rejection of nonconforming work
  • Terminations
  • Mechanic’s liens
  • Payment and performance bonds claims
  • Performance guarantees
  • Liquidated damages and warranties

Project Delivery Planning

Greenberg Traurig has extensive experience with all types of project delivery options and continuously improve upon the major industry contract forms, including the forms prepared by AIA, AGC, EJCDC. Based on our vast experience, we have also developed contract forms that specifically address getting the scope of projects right from the planning phase.

Project Support

Greenberg Traurig assists clients to solve problems during the contract performance period, streamlining project administration, job close-outs and dispute resolution. Often, we confront and resolve a problem in the field the day it arises. We prove repeatedly that a prompt, common sense response often prevents lengthy litigation, thereby keeping the project team working cooperatively and focused on the many challenges of the job and minimizing the delays and disruption that leads to major construction litigation or arbitration.

Dispute Resolution

Greenberg Traurig has extensive experience in all forms of construction dispute resolution including early mediation, arbitration, bench trials, and jury trials. We provide a full range of experience with respect to government contracts on behalf of both contractors and public owners, including bid protests and claims.

When litigation or arbitration cannot be avoided, however, we fight efficiently and tenaciously for our clients. Our attorneys have successfully handled countless construction cases before state and federal courts, state and federal administrative agencies, and international tribunals. We bring particular expertise in structuring all variants of alternative dispute resolution, including mediation, dispute review boards, fact focused negotiations and other creative approaches to resolve complex disputes fairly and efficiently.

Our construction attorneys apply our in-depth knowledge of the law and extensive experience to the initial appraisal and development of a plan of attack to continuum of design issues, ADA issues, construction defect claims, extra work claims, delay and disruption claims, acceleration claims, and claims for lost labor and equipment productivity. We have a thorough understanding of major scheduling techniques, and we know the intricacies of calculating and proving claims for extended project costs and unallocated home-office overhead to maximize the recovery or defense of losses on a delayed project.

Accessibility and Building Code Compliance

Greenberg Traurig assists clients in matters ranging from permitting, design, waivers, accessibility and compliance to employment issues. The range of public, private and legislative backgrounds among our team members enable them to alert clients to potential ADA and Fair Housing Act issues as well as responding to immediate needs. Our experience includes accessibility and compliance audits as well as litigation related to ADA: Employment (Title I), State and Local Government Programs (Title II), Public Accommodations and Commercial Facilities (Title III), and State and Federal Fair Housing Act (FHA).

Toxic Mold

Toxic mold issues are gaining momentum and increased public scrutiny throughout the country. There has been a new wave of litigation against builders, contractors, design professionals, product manufacturers with verdicts sought in the billions of dollars.

In order to assist clients develop the appropriate strategy to address these issues, Greenberg Traurig has created an integrated team of lawyers from all of the relevant disciplines to ensure both experience and efficiency. Our team includes lawyers with vast experience in environmental matters, construction litigation, products liability and toxic torts. We have also partnered with a technical and scientific consultancy to provide state-of-the-art scientific, engineering and strategic risk management services to clients who must address a wide variety of public health and environmental risks.

Our team has the experience to provide the Legal Protections and Technical Assistance necessary to:

  • Advise clients with respect to the risks and hazards thought to be associated with toxic mold
  • Analyze property and liability insurance policies and devise a plan to maximize recovery from insurers
  • Develop protocols for inspection, remediation and response
  • Develop the necessary strategies to avoid or minimize liability

Representative Toxic Mold Experience

Greenberg Traurig has extensive experience representing owners, developers and general contractors in all aspects of their environmental and construction related matters. For example:

  • Represented a major New York City developer sued by a commercial tenant in a toxic mold personal injury action. An environmental consulting firm, arranged by Greenberg Traurig, sampled the building for mold which resulted in a report which determined that the tenant was responsible for the mold growth. The plaintiff dropped the case after these findings.
  • Represented a major Miami developer whose skyscraper suffered a massive infestation of mold as the result of a flood. Our lawyers convinced the insurer to pay for the cleanup of the mold.
  • Represented the School District of Palm Beach County involving "sick building" problems (mold, etc.) in several public schools, resulting from defective design of the buildings' HVAC (air conditioning and ventilation) systems. Our lawyers obtained a favorable settlement for our client.
  • Representation of a major REIT in connection with mold infestation, remediation and property damage claims.
  • Representation of a major REIT in the development of protocols for mold inspection, remediation and response.

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Peer Reviews

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  • 4.6/5.0 (28)
  • 96% (27)
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  • Responsiveness

  • Quality of Service

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At Greenberg Traurig, we are committed to diversity and inclusion in the workplace. The individual attorneys at Greenberg Traurig are committed to nurturing diversity throughout the firm and creating an environment where differences are embraced and utilized creatively.

For us, diversity is about taking action - opening doors for lawyers.

That commitment is reflected by the fact that overall, 40 percent of Greenberg Traurig's attorneys worldwide are women or minorities as defined by the American Bar Association. As of Dec. 31, 2014, our U.S. employees, including attorneys and staff, who met the definition of minority persons reflected a total of 29 percent of our employment base. Approximately 32 percent of our U.S. attorneys and 52 percent of our U.S. employees are women.

Greenberg Traurig's commitment to diversity and inclusion goes beyond any single committee. Committees cannot nurture; they cannot mentor; they cannot create an environment where differences are embraced and utilized creatively. Committees do not lead. Our diverse attorneys however, can and do.

* We welcome and reflect the communities we represent better than any other major law firm in our markets.

* We do not simply rely on a "committee" to achieve this.

* We do so through a commitment to providing a fair opportunity for each of us to reach our full potential.

* We have the personal dedication of many at Greenberg Traurig who identify and bring into our firm this very special diversity.

* The Minority Law Journal 2014 Diversity Scorecard has recognized us as follows:
o No. 1 Ranking, African American Partners
o No. 1 Ranking, Hispanic American Non-Partners
o No. 2 Ranking, Hispanic American Partners

* The National Law Journal has previously recognized our attorneys as among:
o No. 2 Ranking, Female Partner Numbers, Female Scorecard (2013)
o "The 50 Most Influential Minority Lawyers in America" (Three) (2008)
o "The 50 Most Influential Women Attorneys" (Two) (2007)
o "The 100 Most Influential Attorneys in America"
(Two diverse attorneys; three total) (2006)

Diversity in Action: Fostering Diversity in the Profession and Preserving the Pipeline

Greenberg Traurig's Diversity Leadership Community has initiatives that focus on fostering an environment within the firm that supports and encourages diversity and inclusion, and increasing diversity in the profession by increasing access to a legal education for minority students. Helping today's law students and lawyers become tomorrow's business and legal leaders means a larger, more diverse marketplace and a greater pool of talented professionals. And that means more business opportunities for everyone - our firm, our colleagues and, most importantly, our clients.
In this way, our approach to diversity and inclusion mandates a high-level of personal responsibility with regard to the recruitment and retention of diverse attorneys. Attorneys in recruiting, hiring and supervisory roles are continuously made aware of the progress of our efforts. Our personal approach to diversity and inclusion means that Greenberg Traurig lawyers are active at their alma maters and at law schools local to their offices, participating in such programs as career panels; "Meet the Employer" days; and mock interviews, among others.

It has been, and continues to be, our goal to create a well-balanced workforce that contains a significant presence of minorities and women.

Greenberg Traurig creates and supports partner programs with women, minority, gay/lesbian or disability-focused bar associations. We attend and sponsor events at these organizations regularly throughout the United States. The firm works closely with national and local minority bars to address the fostering of diversity and inclusion in the profession on many levels. We support the work of several organizations, including MCCA, NAPABA, NASABA, NBA, NLGBTBA, HRC, HNBA and others.

Additionally, we provide funding through the Holly Skolnick Greenberg Traurig Fellowship Foundation for lawyers and law students to work with public interest groups. Through the Foundation, Greenberg Traurig serves as the largest sponsor of Equal Justice Works Fellowships in the United States and has invested approximately $8 million to support, in whole or in part, almost 127 Equal Justice Works Fellows since 1999.

We invite clients to join us as we work towards:

* Cultivating strategic partnerships with clients and potential clients to leverage our diversity platform to create and deepen relationships and cultivate business opportunities.

* Encouraging our lawyers to facilitate opportunities for our diverse and women lawyers to develop relationships with clients before and after new matters are received.

* Broadening the pipeline of diverse attorneys by expanding relationships with minority bar associations and other legal diversity organizations through our combined support of these networks.

* Focusing on strengthening mentoring programs for female and diverse attorneys at every level.

* Instituting a program that provides a variety of mentoring, rainmaking and training opportunities that can be accessed by a wide range of diverse attorneys across a variety of underserved communities.

* Engaging our Affinity Groups and their allies as a forum for professional development and business development opportunities, as well as for recruiting and retention assistance and as a social exchange to promote inclusion.

Diversity in Action: Employee Resource Networks

Greenberg Traurig's Employee Resource Networks (Affinity Groups) have the goal of addressing the needs of our attorneys and professionals who are diverse. We support Affinity Groups for our attorneys who are African American, Asian American, Hispanic American, LGBT and women, and we continue to gauge opportunities to expand those groups as our needs and demographics dictate.

The firm's Affinity Groups are as follows:

* African American Affinity Group

* Asian Pacific American Affinity Group

* Hispanic American Affinity Group

* Lesbian, Gay, Bisexual and Transgender (LGBT) Affinity Group

* South Asian American Affinity Group

* Women's Initiative

Our goals include:

* Mentoring of junior attorneys within the specific group;

* Recruitment and retention of diverse attorneys;

* Active participation in organizations addressing specific groups; and

* Serving as a forum for group members to discuss and explore issues and opportunities that will add value to client relationships.

Women's Initiative

As an example of our approach, Greenberg Traurig's firm-wide Women's Initiative focuses on retaining and supporting women attorneys through professional development and work/life balance initiatives, as well as through business development training programs and networking opportunities.

We work with like-minded organizations to address these issues on a broader scale in a variety of industries and communities.

Our program targets:

* Attracting and retaining talented women attorneys.

* Supporting business development for women attorneys.

* Serving as industry leaders.

* Impacting the community through leadership and service.

* Maintaining a culture that benefits women attorneys.

Diversity in Action: Suppliers

Greenberg Traurig is committed to the development of Disadvantaged Business Enterprises and Small Business Enterprises (DBE & SBE) suppliers.

As such:

* All business concerns, large and small, majority- or minority-owned, are afforded an equal opportunity to compete.

* A national director of procurement within the firm supports this practice.

* We are committed to diversity with respect to our vendors and suppliers.

* We are amenable to using diverse vendors and suppliers recommended by clients.

Diversity from the Top Down

Cesar L. Alvarez, Co-Chair of Greenberg Traurig, leads our diversity efforts. This is a matter of personal responsibility for him, having entered the U.S. as an immigrant with humble beginnings.

He has previously been honored as follows:

* "Lifetime Achievement Award," Hispanic National Bar Foundation

* "100 Most Influential Lawyers in America," The National Law Journal

* "50 Most Influential Minority Lawyers in America," The National Law Journal

* "Top Most Powerful Hispanics," The Black Book of Poder

* "25 Best Latinos in Business," Hispanic Magazine, The Power Issue

* "President's Award of Merit for Diversity Efforts," The Florida Bar

* "Spirit of Excellence Award," ABA Commission on Racial and Ethnic Diversity in the Profession

* "Lifetime Achievement Award," Chambers USA Awards for Excellence

* "CEO of the Year" award, Multicultural Law Magazine

* "Attorney of the Year Award," Hispanic National Bar Association


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