Construction Law
In today’s highly regulated world, owners, architects, contractors, engineers, insurers and others in the construction industry are increasingly faced with multiple sources of liability for the same work-related event. In addition, numerous legal decisions are required related to every project, beginning with funding, land use, planning and architectural drafting, to the bidding and estimating process, through contract negotiation, drafting and construction of the job up to the point of collection for completed work or defects and delays.
For example, prior to purchasing a property or investing in a project, potential owners or investors have significant issues to resolve with respect to environmental concerns and liabilities to project financing. Once a property has been acquired and financing established, owners must then decide who is to be responsible for accepting bids and awarding subcontracts, a construction manager, an architect or other consultant and whether to retain a separate general contractor. The parties then need to determine the form of agreement, whether to use the Architectural Institute of America (A.I.A.) form documents, a modification of those materials or their own drafted agreements and to ascertain what insurance products or issues apply. During the construction document phase, all parties must be aware of the Americans With Disabilities Act and other regulations that may apply to the construction design, as well as all zoning and regulatory or development issues. Further, if accidents occur on the project site, all parties need to be apprised of OSHA and/or products liability and insurance issues. Finally, all of the construction team members need to consider whether they wish to arbitrate or otherwise mediate disputes.
The firm’s construction practice, chaired by Karen P. Layng, covers the entire spectrum of financial and commercial, industrial and residential construction work. Firm attorneys assist clients with regard to all the above issues related to, and arising out of, construction projects and represent owners, developers of commercial, industrial, and residential real estate investors, lenders, architects, engineers, contractors, subcontractors, insurance companies, landlords, tenants, brokers, consultants, municipal agencies, public and private corporations, and condominium and cooperative associations.
While Vedder Price has an extensive group of attorneys who practice in the construction area, attorneys from other legal disciplines, such as labor, litigation, real estate, land use and zoning, general corporate and tax or OSHA, join with members of the Construction Law Group to address client matters. Experience and knowledge are combined to achieve the client’s objectives.
Members of the Vedder Price Construction Law Group provide a full range of services to the industry, including acquisition, sale, zoning, land use and development of commercial, industrial and residential properties; negotiation of contract forms and specifications and other contract documents; representation in breach of contract, fraud, errors and omissions, delay damage and mechanics’ lien actions; representation before local assessing and tax appeal bodies on tax matters, including assessment and rate challenges, exemption complaints and back-tax claims; advice and assistance in the currently volatile area of environmental control, defense of disputes regarding the removal and disposal of contaminated and unsuitable soils, and obtaining necessary permits and variances to construct a development on land previously used as a construction debris landfill; defense of OSHA citations and suits involving accidents and even fatalities on construction projects; negotiation of all aspects of construction transactions; and litigation of all related disputes.
In addition, members of the Vedder Price Construction Law Group advise developers of commercial and residential real estate on the appropriate form of business entity for a project, the availability of tax and financial enhancements necessary for the deal and zoning and land use issues, including coordination of multiple parcels. They advise corporations on zoning and land use matters and assist clients in seeking real estate tax reductions on individual and multiple parcels of industrial and commercial properties. Financial institutions, governments and governmental agencies are provided counsel on structuring and documentation of real estate loan transactions. Mortgage brokers, owners and investors are advised on structuring both traditional and nontraditional financing packages and mortgage foreclosure actions. Real estate brokers are counseled regarding leasing, sales and other matters. Landlords and tenants are provided counsel on the drafting and negotiation of leases and subleases for industrial properties, office buildings, shopping centers, stores and apartments.
Vedder Price maintains excellent working relationships with local, state and federal agencies involved in zoning, land use and development, and several of the firm’s attorneys have served as members of local regulatory agencies and as officers of national bar association committees, in this regard. The Construction Law Group’s combined experience gives Vedder Price attorneys a broad perspective on the legal issues arising in the vast construction field.
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