Construction Law

Construction law encompasses a specialized area of legal practice that focuses on the unique legal issues and regulations involved in the construction industry. This field involves a broad range of legal matters, including contract negotiation and drafting, project bidding and procurement, construction claims and disputes, compliance with building codes and regulations, as well as environmental and zoning issues. Construction law attorneys work with a diverse clientele that includes developers, contractors, subcontractors, architects, engineers, and governmental entities, providing counsel and representation throughout all phases of construction projects. Given the complex and often contentious nature of construction projects, having a thorough understanding of construction law is crucial for ensuring compliance with legal requirements and effectively resolving disputes.

  • Foley Abbott & Steele’s construction lawyers understand the construction industry and we know how to protect our clients’ interests. In order to meet construction project deadlines, control costs and protect your interests, legal issues that arise need to be resolved quickly and effectively. We understand the legal matters related to the construction industry. Our attorneys have over 75 years of experience and have protected our clients’ interests in many construction projects.

    Using performance agreements and related contracts, Foley Abbott & Steele works with stakeholders to resolve legal issues before they escalate. If a matter cannot be resolved by addressing the terms of existing contracts and agreements, we work with all involved to determine if alternative dispute resolution (ADR) can settle the matter using private settlement conferences and without litigation.

    If the matter cannot be resolved without arbitration or mediation, we litigate to defend our clients’ interests. Foley Abbott & Steele also provides services to sureties that issue contract bonds, including bid bonds, fidelity bonds, performance bonds, payment bonds, blanket bonds (bankers bonds), public official bonds, probate and/or guardianship bonds, trustee bonds and forgery bonds.

  • Transactional Matters

    -Origination

    -Documentation

    -Bidding

    -Finance of all types of construction projects including joint ventures and development

    -Construction Project Disputes

    -Dispute prevention

    -Dispute resolution

    -Litigation in residential, public, -commercial and industrial construction projects.

    The legal complexities of construction projects:

    -Bid Mistakes and Bid Protests

    -Contractor Performance Guarantees

    -Financing

    -Insurance

    -Labor and Employment

    -Large sums of money involved

    -Local, State and Federal Administrative Agencies, Zoning Boards, Public Utilities and Municipalities

    -Material Shortages

    -Multiple Stakeholders – Owners, Developers, Architects, Engineers, Construction Managers, General Contractors and Sub-Contractors

    -Separate Contractor Disputes

    -Subcontractor Disputes

    -Supplier Disputes

    -The need for quick action to resolve disagreements or enter litigation

    -Weather

  • -Administering Contracts and the Issues that arise in the construction process

    -AIA contracts

    -Appeals

    -Arbitration

    -Arbitration and Alternative Dispute Resolution, Litigation and Mediation

    -Architect and Engineer Liability

    -Bidding and Procurement

    -Bidding process on private and governmental projects

    -Bond Claims

    -Bonding and Insurance Requirements

    -Claims against governmental entities

    -Claims Preparation & Analysis

    -Collections

    -Compliance with the American Disabilities Act (ADA compliance)

    -Condemnation Matters

    -Condominium Rights

    -Construction Arbitration

    -Construction Arbitration & Mediation

    -Construction Contract Disputes

    -Construction Contracts and Documents AIA, AGC, EJCDC, DBIA and FIDIC

    -Construction Defects

    -Construction Insurance

    -Construction Mediation

    -Construction Private Trials

    -Construction Summary Trials

    -Contract Disputes

    -Contract Formation and Performance

    -Contract Negotiation

    -Contractor/Subcontractor Issues and Disputes

    -Defective and non-conforming work and materials

    -Defective Construction and Delay Claims

    -Delay and Acceleration Claims

    -Delay and Disruption Claims

    -Drafting, reviewing, and negotiating Construction Contracts

    -Easements

    -Enforcement of Liens on the Proceeds

    -Environmental Issues/Managing Environmental Risks/Environmental Impact Statement

    -Federal Court Appeals

    -Federal Court Law Suits

    -Federal Court Trials

    -Fidelity & Surety Bonds

    -Foreclosure Matters

    -Government Construction Contracts and Administration Matters

    -Government Contract Fraud

    -Insurance Recovery Litigation

    L-and Use, Zoning, and Planning Matters

    -Lien Law – Filing and Enforcement of Mechanics Liens

    -Lien Waivers

    -Malpractice Claims Against Architects, Engineers and other Construction Design Professionals

    -Mechanic’s Liens and Bond Claims

    -Mediation

    -Mold Abatement and Mold Litigation

    -Municipal Bidding and Bid Protests

    -Occupational Safety and Health (OSHA)

    -Performance Bonds

    -Pre-construction Assistance

    -Preparation of General Construction Contracts, Construction Management, Subcontractor Agreements

    -Private Settlement Conferences

    -Property Damage Claims

    -Public and Private Construction Litigation

    -Public Bidding

    -Public Construction Law

    -Real Estate Acquisition

    -Redevelopment Projects

    -Request for Payment

    -Risk Management

    -Settlement Evaluations

    -State Court Appeals

    -State Court Law Suits

    -State Court Trials

    -Subrogation Claims

    -Surety and Bond Default Claims

    -Surety Claims

    -Warranty Requirements and Claims

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