McGlinchey Stafford represents businesses and professionals throughout the construction industry, including architects, engineers, contractors, developers, owners, insurers, and lenders. Our Construction group has extensive experience in all aspects of construction law, routinely counseling clients regarding licensing, contractual, financial, business, and insurance matters throughout the United States.
From the negotiation of contracts for or with owners, contractors, architects, engineers, surveyors, and lenders through punch list completion and release of retainage, our Construction attorneys assist clients in all stages and aspects of the construction project process, including project planning, bidding, budgeting, and mobilization; project finance; ongoing project support and termination; dispute resolution; and lien claims.
Our team has extensive experience, including:
- Prosecuting and defending claims of architects’ and engineers’ professional liability
- Representing owners, contractors, and lenders with catastrophic failures during the construction process
- Representing owners, contractors, and lenders with construction delays and disputes
- Prosecuting and defending claims of faulty and defective construction
- Working with McGlinchey Stafford’s Labor & Employment team to address labor disputes in the context of construction projects
- Representing owners, contractors, and their insurers with respect to personal injury claims
- Representing owners, contractors, and their insurers with respect to property damage claims
- Working with McGlinchey Stafford’s Labor & Employment team to address safety issues, Occupational Safety and Health Administration (OSHA) compliance/reporting, and related state and local compliance matters
- Working with McGlinchey Stafford’s Real Estate team on project zoning
McGlinchey Stafford’s Construction group regularly counsels clients on project planning and documentation, from standardized AIA forms to project specific documents prepared for design-build projects and public-private partnerships, such as cooperative endeavor agreements and project partnership agreements. For example, we recently served as construction counsel to the general contractor on a public-private partnership to build a 21-mile stretch of interstate in Indiana. We have considerable experience counseling clients on project specific insurance requirements such as builder’s risk, owner-controlled insurance programs, and project wrap insurance.
When it comes to financing a project, our Construction group counsels clients on project lending and financing documents and has the experience to negotiate or prepare necessary documentation such as Construction Loan Agreements, Draw Schedule and Distribution Agreements, Payment Application documents, and lien waivers. We also work closely with the firm’s Real Estate team to obtain zoning and permitting approval from local governmental authorities so our clients avoid unnecessary delays and disruption in finance and construction.
During the course of the project, we assist clients with problems as they arise, often preventing costly litigation and ensuring projects continue to move forward. We routinely address contractor licensing issues arising during the course of construction projects, as well as material or labor supplier disputes and termination and replacement contracts. We were recently hired by the owner and general contractor during construction of luxury student apartments near Louisiana State University. With a completion date fast approaching, adjoining neighbors filed an injunction action to stop construction, alleging violations of a local noise ordinance and seeking to enforce restrictions on night and weekend work. We successfully resolved the injunction, allowing crews to work at night and on weekends so the project could be completed in a timely manner.
We have extensive experience with all forms of public and private construction project dispute resolution in state court and federal court. Our attorneys handle litigation, arbitration, and mediation, including private and public bidding; contracting and lien claims; delay and disruption claims; acceleration claims; construction defect claims; design defect claims; differing site conditions claims; and geotechnical, subsurface, and other engineering claims.
Recent Representative Matters in Louisiana, Texas, California, Mississippi, and Indiana
McGlinchey Stafford’s Construction group has been retained to handle major construction disputes as well as consult on construction matters in Louisiana, Texas, California, Mississippi, and Indiana regarding multifamily housing projects, mixed-use developments, industrial projects, and interstate highway projects. These matters involve bidding disputes; contracting and lien claims; delay and disruption claims; acceleration claims; construction defect claims; design defect claims; differing site conditions claims; geotechnical, subsurface, and other engineering claims; licensing issues; and project-specific insurance issues.