Practice Strengths

Baker Hostetler's team of construction attorneys can help you navigate every aspect of a project—site selection, regulatory approval, project finance, insurance and bonding needs, contract negotiation and administration, project closeout and claim resolution. Our team of construction lawyers has worked on some of the largest and most complex construction projects in the world.

Baker Hostetler attorneys do not limit their practice to a particular “side” of the construction paradigm. To the contrary, our team’s capabilities allow us to represent owners, contractors, design professionals, landowners, and specialty subcontractors. We bring to each engagement not just a breadth of knowledge of the law governing construction disputes, but also an in-depth understanding of construction itself, and of the practical needs that attend any construction project. With that background, we are able to quickly and proactively assess what will be the most timely, efficient, and cost-effective approach to resolving each client’s particular needs.

Bonds and Insurance Claims

Baker Hostetler attorneys regularly handle all aspects of project financing matters, including the procurement of all forms of performance and payment bonds. We help our clients obtain the financing necessary to complete a project by bringing together investors, lenders, contractors, suppliers and other interested parties. Through aggressive negotiations, we routinely acquire insurance policies for our clients that provide coverage appropriate for the level of exposure and risk encountered in a project. In the event that a dispute arises related to bond payment, bond procurement, insurance coverage or payment on a policy, our attorneys are prepared to provide aggressive, cost-effective representation.

Changes and Design: A Real World Approach

In most construction projects, change is unavoidable. How an unexpected change is addressed may have far-reaching implications for the parties involved. Many of our attorneys have worked as developers, engineers, contractors, estimators and project managers. Many have engineering degrees. This formal training, coupled with years of practical experience, helps Baker Hostetler attorneys quickly and efficiently solve the types of problems contractors, engineers, owners, subcontractors, sureties and lenders routinely encounter. We bring a “real world” view of construction to our legal advice and representation.

Labor and Employment Matters

Labor and employment issues can arise at nearly every stage in a construction project, whether they involve labor union negotiations or threatened strikes, workplace discrimination or compliance with federal and state immigration laws. Our attorneys have experience handling labor and employment issues that are specific to the construction industry.

Claim Avoidance and Resolution

Our attorneys have particular experience representing clients in contract disputes with the federal government. We have appeared before the Contract Appeals Board in Washington, D.C., on such issues as delay claims and dollar recovery for change orders. Baker Hostetler attorneys work cooperatively with clients to implement cost-effective strategies aimed at minimizing disputes between parties involved in construction projects. Our goal is to resolve disputes amicably without the need for litigation through application of alternative dispute resolution techniques. In the event litigation is unavoidable, our highly skilled attorneys stand ready to aggressively protect our clients' interests. We have successfully prosecuted and defended claims of all types and sizes before state and federal courts throughout the nation.

Contract Preparation and Negotiation

We provide strategic counsel at all stages of contract formation, from pre-construction drafting and negotiation of complex design and construction agreements, to land procurement and construction changes. By sharing our vast knowledge of industry customs and practices with clients from the beginning of a proposed project, the likelihood that the project will be completed in a timely and cost effective manner is increased.

Contractual Risk Assessment

Our attorneys carefully scrutinize every contract provision to fully understand the risk allocated to each party, and to inform our clients of their rights and responsibilities. By anticipating potential contractual problems early, we can provide strategic counsel to our clients regarding risk allocation and avoid subsequent disputes.

Government Construction Contracts

Our attorneysadvise clients at every stage of the government contracting process, from pre-proposal submission, to contract formation and award, contract performance and administration, and dispute resolution. Each of these activities is the subject of extensive regulation and numerous compliance measures. We understand these requirements and assist the client in developing project specific protocols and procedures to mitigate the risk of non-compliance and enhance its ability to properly manage the project and administer the contract.

Differing Site Conditions

The physical condition of a proposed construction site—both above ground and subsurface—may be different than that contemplated by the parties, potentially resulting in lost time, higher costs and damages. By providing in-depth technical, legal and practical analysis of proposed construction projects, we ensure that our clients are fully informed of their rights and responsibilities in the event problems arise with the physical condition of a construction site.

Environmental Risks

Our attorneys have considerable experience in assisting clients with environmental compliance and permitting issues at all levels of state and federal government. By anticipating potential environmental issues early, risks associated with mitigation, remediation, contamination and other matters can be apportioned appropriately.

Project Delivery Systems

Selecting a project delivery system for use during a construction project is an important decision—one which can have serious effects on the outcome of a project. Our highly skilled attorneys have substantial understanding of all types of delivery systems, including design/build, construction management and traditional systems.

Project Documentation

Construction projects often generate voluminous documentation. At Baker Hostetler, our attorneys utilize state-of-the-art technology to organize and analyze mass quantities of information in an efficient and cost-effective manner. Our ability to work with large amounts of information has enabled our firm to consistently obtain positive results for our clients.

Project Terminations

Our attorneys assist clients throughout all phases of project termination, and provide strategic counsel related to wrongful termination and default termination.

Scheduling, Delays and Acceleration Issues

Our attorneys have successfully prosecuted complex construction defect and delay claims, recovering millions of dollars in delay and disruption damages for our clients. We are uniquely qualified to navigate the legal morass of changed rights and responsibilities of parties that result from the acceleration of a project.

Subrogation Recovery

Our attorneys have significant experience in pursuing subrogation claims arising out of catastrophic fire and flood losses on construction projects. Members of our construction law practice group have handled numerous claims resulting from projects that have been damaged or destroyed by fire or water damage as a result of defective construction.

Litigation

Many of our construction lawyers are experienced and nationally recognized trial lawyers. We have tried construction cases in state and federal courts throughout the United States, as well as before many government tribunals, including the Armed Services Board of Contract Appeals and the Contract Appeals Board.

Representative Construction Law Projects

 

Baker Hostetler lawyers have:

• Represented a major integrated oil company in litigation brought by contractor alleging cost over-runs arising out of construction of facility to remove sulfur from CO₂ and debottle-neck a refinery in West Texas.
• Represented major integrated oil companies and brewer in personal injury actions brought by employees of construction company on refinery and brewery construction projects.
• Represented a client in arbitration of a matter for an international engineering company involving damages against a subcontractor on the construction of an ethylene plant.
• Represented a client on a claim arising from construction of a major Gulf Coast petrochemical plant project.
• Represented a major U.S. construction firm in resolving claims of liquidated damages, penalties and change order claims of millions of dollars.
• Represented a 5-star resort/casino in Las Vegas, Nevada in claims for defective work and substantial delay in completion of a $350 million hotel/casino project. We were able to recover more than $62 million for the project owners.
• Represented a resort developer in prosecuting claims for defective mechanical engineering work by a specialty trade subcontractor and subsequent delay in the opening of the project. We were able to recover significant amounts from the subcontractor (and its insurance carrier) for repair work and delay damages.
• Defended a large Colorado commercial general contractor in a multimillion-dollar delay claim associated with construction of a large apartment complex. The arbitrator denied the subcontractor’s claim in its entirety.
• Currently represent one of the nation’s leading importers of steel in claims regarding the purchase/use of allegedly defective Chinese steel.
• Represented a national general contracting firm on numerous claims arising out of claims of defective work concerning a hotel and condominium complex construction.
• Handled multiple engagements by property owners affected by the T-Rex highway expansion project, the largest roadway project in Colorado.
• Represented the developer of a large-scale wind energy project in Nevada.
• Represented a contractor in connection with the negotiation of a design/build installation contract for the retrofit and expansion of cogeneration facilities at an oil refinery in California.
• Represented an international engineering firm in a dispute over construction of a petrochemical plant.
• Ongoing representation of a FORTUNE 100 construction contractor on multimillion-dollar claims arising under Army Corps of Engineers contracts for post-Katrina reconstruction of levees, floodwalls, locks, and related
  flood control measures.
• Currently representing contractor on claims arising under Army Corps of Engineers contract for construction of aviation facility at the international airport located in Kabul, Afghanistan.
• Assisted client in obtaining favorable resolution of REAs for changes to Army Corps of Engineers contract for construction of fuel tanker offloading facility in Oman.
• Advise large contractor on risk mitigation measures for submission of proposal on $700 million DOD project for construction of 100-year flood control protection in the Mississippi Regional Gulf Outlet near New Orleans.
• Represent client in arbitration proceedings on multimillion dollar claim for changes, differing site conditions and defective specifications.
• Represented an owner of an oil and gas facility in Wyoming on claims related to the defective design and construction of the project.
• Resolved a $40 million termination for convenience claim (delay and scope claims) for $6 million on DOE project.
• Represented a client on payment claims related to the New Orleans levy involving some $10 million of soil claims.
• Obtained a summary judgment on $1 million of overtime claims for our client on a Department of Energy project.
• Represented an Ohio county in defending a delay and interference claims by steel contractor associated with the construction of a professional baseball park, settling the $30 million claim for $2 million.
• Represented a specialty builder in multiple trials before Contract Appeals Board in disputes related to construction of a facility on U.S. Capitol grounds, prevailing a delay and acceleration claim and recovering
  more than $1 million of retainage, and a $250,000 on change orders.
• More than 20 years successfully defending one of the nation's largest homebuilders in several homeowner construction defect cases.
• More than 15 years representing a FORTUNE 100 construction and engineering firm in its federal DOE construction cases.
• Successfully represented owner of state-of-the-art Major League baseball stadium in pursuing claims against project architect.
• Ongoing representation of owner of high-rise condominium project in Kentucky in multimillion-dollar delay claim against window subcontractor.