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Construction Law and Litigation

Construction Law and Litigation

Our construction attorneys represent developers, lending institutions, owners, contractors, design professionals, construction managers, suppliers, and tenants with respect to all aspects of construction law, including contract preparation and negotiation, bid protests, construction defects and mechanics' lien claims and litigation, arbitration, warranty and design liability and construct defect claims, delay and loss of efficiency claims, construction loan documentation review, collections and labor and employment issues. We assist our clients throughout the development, construction and close-out process, including guidance in obtaining regulatory approvals, regulatory interpretation and preparation of construction contracts, including Federal Contracting and procurement. Our attorneys have reviewed, prepared and negotiated hundreds of complex design and construction contracts, including general contractor agreements, design professional agreements, design-build agreements, construction management, property management, and facility management and maintenance agreements, tenant build-out agreements, subcontracting agreements, consulting engineer agreements and supplier agreements. We also assist clients in the application and appeal process for MBE/WBE/DBE certifications and contractor licensing.

Our construction litigation attorneys also have broad experience in the mediation, arbitration and litigation of disputes covering the following areas:

  • Acceleration/delay
  • Additional work/change orders
  • AIA contracts
  • AAA construction arbitration/Mediation
  • Architect representation
  • Backcharges
  • Public bidding
  • Bonding/suretyship
  • Public/private construction
  • Cardinal Change
  • Differing site conditions claims
  • Defective construction
  • Design
  • Federal Arbitration Act/Ohio Arbitration Statute
  • General contractor representation
  • Indemnification
  • Insurance
  • Mechanic’s lien
  • Owner representation
  • Prompt payment litigation
  • Subcontractor representation
  • Supplier representation

By assisting clients in all aspects of contract drafting and negotiation, claim preparation, dispute resolution (through mediation, arbitration or litigation), our attorneys’ initial goal is for clients to avoid unnecessary litigation. Our firm’s attorneys provide timely guidance that protects our clients’ profits and human resources from the costly distractions of court battles. Whether the subject involves land use or zoning, or any phase of project approval or construction, this group is designed to concentrate the firm’s full measure of legal expertise and experience upon early problem identification and resolution. If litigation cannot be avoided, the Construction Law and Real Estate Litigation Practice is prepared to handle these matters in any forum.

Real Estate Litigation

The attorneys in this practice also have broad experience in the mediation, arbitration and litigation of disputes covering the following areas:

  • Adverse possession
  • Appropriation (Eminent Domain)
  • Easements
  • Ejectment/eviction
  • Execution and foreclosure
  • Leasing/landlord-tenant
  • Marketable title
  • Nuisance
  • Owner/developer representation
  • Environmental
  • Real estate broker representation and broker liens
  • Sales/transfers
  • Tax appeals
  • Utility company representation with special expertise in pipeline
  • Right-of-way encroachment litigation, right-of-way acquisition and condemnation, FERC certificate holder representation and pipeline relocation reimbursement litigation
  • Zoning
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