• Hospitals
• Airports
• Oil/Gas Refineries and Power Plants
• Colleges and Universities
• Public and Private Schools
• Post Offices
• Courthouses
• Police and Fire Stations
• Mass Transportation
• Commercial Distribution Warehouses
• Stadiums
• High-Rise Hotels and Resorts
• Waste Treatment Facilities
• Multi-Family Housing
• Convention Centers
• Commercial Office Buildings
• Retail Complexes
• Residential and Commercial Swimming Pools
• Restaurants, Recreation and Entertainment Centers
• Department Stores
• Aquariums

Procurement and Contract Formation

We draft and negotiate owner-contractor, owner-architect, owner-construction manager, contractor-subcontractor/supplier, design-build and project management construction documents after first counseling our clients in connection with any bid protest or procurement disputes they may have. At this stage of the project, we help clients focus on dispute avoidance and the creation of a team-oriented approach to identify and solve potential future disputes. Identification and allocation of assumed risks are critical at this juncture because failure to properly recognize and apportion these risks during contract review and formation can have far reaching impacts at later stages of the project. For this reason, we provide advice on such elements as developing contract administration and claims, prevention procedures, scheduling issues, insurance/bonding requirements, and statutory and regulation compliance (including MBE, DBE and WBE participation, licensing and OSHA requirements).

Project Commencement and Claim Avoidance Counseling

After project commencement, we respond quickly to the needs of our clients to overcome jobsite challenges in a practical and cost-efficient manner. During the construction phase, we advocate and attempt to resolve such issues as change order disputes, scope change disputes, default, insolvency, defects in plans and specifications, design deficiencies, constructive or actual stop work notices, differing site conditions and critical path delays. Additionally, we focus on notice preservation to ensure that our clients do not inadvertently waive or prejudice future potential claims. Each of these issues impact the bottom line – our clients’ ability to perform or to be paid for services rendered.

Substantial Completion and Claim Advocacy

Although we are first and foremost experienced trial lawyers, we realize that construction disputes are costly and disruptive, and we work with our clients to resolve them as quickly and efficiently as possible. When disputes are inevitable and cannot be resolved amicably, our team comes together to aggressively pursue a favorable outcome for our clients. We have successfully tried to verdict or award countless construction claims and liens, and we have mediated, arbitrated or litigated substantive issues concerning:

• Acceleration, impact and delay claim analysis and presentation
• Actual and constructive suspensions of work
• Terminations for default and convenience
• Change order, extra work and force account disputes
• Latent defect, workmanship and warranty claims
• Requests for equitable adjustments
• Payment and performance bond claims
• Mechanics' liens
• Insurance claims and disputes
• Davis-Bacon and prevailing wage law disputes
• Prompt payment and conditional payment disputes
• Defective, incomplete or conflicting specifications
• Differing site conditions
• Construction and design defects
• Licensing and disciplinary actions

While much of our success has resulted in the avoidance or settlement of active litigation, we have also prosecuted and defended many issues to a successful legal conclusion.

• We represented an underground telecommunications contractor on competing multi-million dollar design and differing site condition claims in connection with a fiber optic network located throughout Washington, D.C. and Northern Virginia.
   
• We prosecuted a Federal Miller Act claim against a large multi-national general contractor and its surety to recover extensive outstanding contract balance and delay damages on a Navy communications station situated in Wahiawa, Hawaii.
   
• We jointly represented the HVAC, electrical, and sprinkler subcontractors on parallel impact and delay claims involving a public hospital center on the Maryland Eastern Shore.
   
• We represented a private owner regarding construction impacts, delays and scope change issues on the design-build / leaseback of a Veterans Affairs outpatient clinic in Allentown, Pennsylvania.
   
• We represented a private owner against a design-build contractor regarding the site work construction failure of a vast food distribution warehouse center located in Fort Mill, South Carolina.
   
• We represented the electrical subcontractor on a $1.6 million dollar mechanics' lien on a new high-rise hotel located in Baltimore's Inner Harbor East re-development.
   
• We represented the scaffolding contractor on an extensive mechanics' lien claim involving multiple contractors on a oil refinery project in the Parish of St. Charles, Louisiana.
   
• We defended a delay and liquidated damage claim brought by a general contractor against a precast concrete subcontractor on a Baltimore hotel project.
   
• We prosecuted scope change, design and delay claims exceeding $1.5 million dollars on behalf of multiple subcontractors on a new hotel and resort complex constructed on Maryland's Eastern Shore.
   
• We represented the primary electrical contractor on change order, impact and delay claims exceeding 3.5 million dollars on a nine level, 8,400 parking space garage structure at BWI airport.
   
• We represented the primary electrical contractor on impact, inefficiency and delay claims at the National Aquarium in Baltimore Pier Three Expansion project.
   
• We represented the foodservice equipment contractor on delay, impact and change order claims involving the construction of the San Diego Padres baseball stadium, Petco Park, located in San Diego, California.