Construction

Our attorneys have extensive experience helping owners, general contractors, subcontractors and design professionals manage the risks and liabilities inherent in construction projects as well as resolving construction disputes when issues arise.

Before a project begins, our attorneys assist with drafting and negotiating all manner of construction contracts—whether for a small commercial projects or for a multi-million dollar industrial facilities—in order to address and properly allocate the risks that may arise during construction.

Our attorneys are familiar with all methods of project delivery, including design-bid-build, design-build, and CM At-Risk. We are familiar with all major industry-wide contact forms, including the AIA and ConsensusDocs forms, among others. In addition, our attorneys have developed proprietary contact forms for use by our clients, including owner-general contractor, owner-architect, and general contractor-subcontractor agreements.

When disputes about performance or payment arise during the course of construction, GDCR’s attorneys have the experience and knowledge to assist clients in resolving disputes before the project goes off track, including acceleration, disruption and delay claims; payment, bond and lien disputes; design issues; and contract interpretation and other performance issues. If these issues cannot be resolved, however, our attorneys are prepared to represent owners, contractors, subcontractors and design professionals in litigation or arbitration proceedings. Our litigation attorneys also have significant experience litigating insurance coverage issues should an insurer deny a claim or refuse to cover a loss.

GDCR’s attorneys also regularly counsel construction and design firms in corporate governance matters and assist them with succession planning, as well as represent construction firms in raising equity, obtaining debt financing and negotiating with surety companies. GDCR’s employment attorneys also have substantial experience representing construction firms in Fair Labor Standards Act litigation, OSHA compliance matters and other employment related matters.  Given the inherent risks and issues with ownership and management of firms in the construction business, GDCR’s attorneys have the depth to advise the owners and managers of construction firms on the unique aspects of their businesses.

Notable Client Highlights

  • Serve as outside general counsel to a national general contracting firm, providing general day-to-day business and legal advice, as well as contract review and negotiation, for commercial and retail projects throughout the United States.

  • Serve as primary counsel to multiple metro-Atlanta school districts in connection with construction programs exceeding $700 million-plus, including providing advice with respect to procurement, finance, bond, lien and payment disputes, contractor defaults and performance bond claims, acceleration, disruption and delay claims, A/E and design errors and claims, and day-to-day contract interpretation matters.

  • Represented Atlanta-based design-builder in connection with negotiating and work-out of project disputes on a $21 million food processing facility in upstate New York; resolved approximately $3 million plus of disputes, including multiple subcontractor claims, errors and omissions claims, defective construction and delay claims, following a four-day, 12-party mediation.

  • Represented paving contractor in Fair Labor Standards Act suit brought by foreman in week-long jury trial in federal court.

  • Represented owner in lawsuit alleging negligent construction and breach of warranty claims against general contractor in connection with failures of multiple mechanically stabilized earthen walls seeking more than $2 million in damages.

  • Assisted father in selling large commercial contracting firm and affiliated construction materials business to son while minimizing tax liability of parties.

  • Represented general contractor, subcontractors, owners and their insurers in dozens of construction defect claims.

  • Represented large, privately-held heavy civil contractor in connection with corporate governance reforms.

  • Represented multiple public owners in negotiations and litigation with performance bond sureties for completion of work and claims for damages after default by general contractors.

  • Represented large program management and design firm in corporate governance, contractual and employment matters.

  • Represented majority owner of mechanical contracting firm in connection with enforcing favorable buyout provisions of shareholders’ agreement after termination of minority shareholder’s employment.

  • Assisted general contracting firm with establishing phantom stock and stock option plans to reward and motivate key employees as it expanded across the Southeast.

  • Represented state agency in bid protest filed by Chinese state-owned enterprise in connection with $80 million contract award; protesting bidder abandoned protest after Superior Court denied temporary restraining order seeking to prevent state agency from awarding contract as desired.