Construction Counseling & Dispute Resolution
Jeffrey R. Gans
Scott E. Barat
"It is a top-drawer firm and does a good job of making sure its attorneys are well trained."
- Chambers USA
Pillsbury lawyers represent owners (public and private), developers, engineers, general contractors, financial institutions, investors, design professionals and vendors in domestic and international disputes arising from construction projects, insurance and risk management issues, and multilayered contractual agreements. We have extensive experience in working with various standard contract forms (including those published by the American Institute of Architects, ConsensusDOCS and the International Federation of Consulting Engineers (FIDIC), as well as with a variety of manuscripted design, construction, design/build, and engineering, procurement and construction (EPC) contracts.
Transactions and Contracts. Pillsbury lawyers bring legal skills to bear during the many stages of a construction project. These stages range from designing the contracting structure to developing financial and risk management strategies, securing required entitlements and assuring legal compliance, negotiating and administering the contracts, and responding to and ultimately resolving any claims that may arise.
Our background of work includes:
- Structuring, drafting and negotiating architecture, engineering, procurement, construction and financing contracts of all types.
- Developing financing strategies and providing counsel on reducing project exposure to a variety of sales, use, income and property taxes.
- Designing and implementing risk management strategies for construction projects, including wrap-up or owner-controlled insurance programs and overseas political risk insurance.
- Advising on land use entitlements, licensing, permitting and other regulatory requirements.
- Helping clients comply with special legal requirements affecting construction such as the Americans with Disabilities Act, public works requirements and "clean room" criteria.
Pillsbury’s transactional experience encompasses major construction projects, such as multistate life sciences and information technology research & development and manufacturing facilities, national and international power generation, transmission and cogeneration facilities, office buildings, hotels, residential complexes, retail properties, and mixed-use projects.
Counseling & Dispute Resolution. Pillsbury’s experience covers mediation, arbitration and litigation before and during the construction phase and in post-construction proceedings. This includes representing clients in federal and state courts throughout the United States, and in cases before domestic and international arbitral tribunals. To help clients avoid litigation, we also offer counseling services to troubled projects that allow our lawyers to assist in getting a project back on track should it show signs of "going sideways."
We have successfully resolved construction disputes arising from virtually every aspect of the construction process:
- Nonperformance claims, including delay, disruption, acceleration, breach of contract and professional liability
- Civil and criminal false claim and fraud cases related to public contracting
- Design and construction defect litigation, including defective products, moisture intrusion, mold, EIFS and Chinese drywall
- Counseling in connection with health and safety issues, including OSHA regulations.
- Complex insurance coverage litigation, especially in claims involving builder's risk, CGL, professional, pollution and commercial property
A listing of matters that reflect our deep experience in this area includes:
Energy Facilities and Power Projects. We represent contractors, vendors and owners in a variety of domestic and international cases involving the construction of power projects, refineries, transmission lines, solar and wind power generating facilities, and other energy facilities. These cases include appearances before international arbitral tribunals, including the International Chamber of Commerce, the International Centre for Dispute Resolution, the International Centre for Settlement of Investment Disputes, and the China International Economic and Trade Arbitration Commission.
Public Works. Pillsbury lawyers represent public entities, contractors, design engineers and other participants in disputes and litigation involving design and construction of public works, including dams, rail, mass transit, airports, highways and bridges, pipeline and underground utilities, sanitation and water treatment facilities, prison facilities, hospitals, and education facilities. Our experience in this area also includes representing clients in connection with bid protests regarding awards of public works contracts.
Commercial and Residential Projects. Our lawyers counsel clients in numerous disputes relating to the construction and development of commercial and residential projects. Pillsbury’s experience in this arena includes representing owners, developers, high production home builders, financial institutions, and contractors in disputes and litigation involving the construction and development of commercial facilities, such as office buildings and high-rises, arenas and sports facilities, business parks, shopping centers, storage facilities, residential subdivisions and building sites, apartment complexes, condominiums, hotels, and related improvements, industrial facilities, utilities, and infrastructure.
Procurement Disputes. Our legal services include representing contractors, vendors and owners in a variety of domestic and international cases involving procurement contracts for extremely sophisticated customized products and services, both domestically and internationally.
Insurance. Pillsbury's team provides advice on insurance, risk management and claims-related concerns, both outside of litigation as well as in traditional dispute resolution settings. More specifically, we help structure insurance and other corporate risk transfer programs for contractors, developers, private equity funds and major homebuilders, among others, on major projects, and have successfully pursued claims and obtained coverage for our clients involving builders risk, general liability, professional, pollution, commercial property, EPL, business interruption, marine and other types of insurance polices on large construction projects.