Construction

In the construction business, where Murphy’s Law predominates, effective contract negotiation is the key to guarding against the consequences of sudden change.

BakerHostetler’s Construction practice stands apart for its ability to help clients anticipate, navigate, and when necessary, litigate in the face of the unexpected. Our construction lawyers have worked on some of the largest and most complex construction projects in the world. As former developers, engineers, contractors, estimators, and project managers, we are equally adept at representing any and all of the different players—combining litigation skills with an in-depth transactional knowledge of the construction business.

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Project Delivery

Our team excels at negotiating upfront provisions such as guaranteed damage payments for customers who are subjected to project delays—a problem that has mushroomed since the financial crisis of 2008—and bonuses for contractors who complete projects ahead of schedule. We provide strategic counsel at all stages of contract formation, from pre-construction drafting through negotiation of complex design and construction agreements and land procurement and construction changes. By sharing our vast knowledge of industry, customs, and practices with clients from the beginning of a proposed project, we increase the likelihood that the project will be completed cost-effectively and on time.

Government Construction Contracts

We 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 on, we can strategically counsel our clients on which risks to assume and which to avoid, helping them avoid subsequent disputes.

Scheduling, Delays and Acceleration Issues

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

Project Termination

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

Environmental Risks

We have extensive experience with environmental compliance and permitting issues at all levels of state and federal government. Through our strong contacts in the federal and state departments of natural resources, we are well informed about clean air, clean water, and other regulatory issues. By anticipating potential environmental issues early, we reduce risks associated with mitigation, remediation, contamination, and other matters.

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.

Of course, complex project development requires more than just a good construction lawyer. At BakerHostetler, our clients benefit from the resources of our entire firm, including our tax, real estate, and employment lawyers.

Select Experience

  • Represented a major integrated oil company in litigation brought by contractor alleging cost overruns arising out of construction of facility to remove sulfur from CO2 and de-bottle-neck a refiner in West Texas.
  • Represented major integrated oil companies and brewer in personal injury actions brought by employees of a 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.
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Experience

  • Represented a major integrated oil company in litigation brought by contractor alleging cost overruns arising out of construction of facility to remove sulfur from CO2 and de-bottle-neck a refiner in West Texas.
  • Represented major integrated oil companies and brewer in personal injury actions brought by employees of a 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 major U.S. energy contractor on issues involving the construction of an offshore drilling rig in the Gulf of Mexico.
  • Represented an international company on the construction of an addition to a gasoline and diesel refinery in Louisiana on claims involving engineering and design of processes to produce ultra-low sulphur diesel fuel.
  • Represented a major international construction and engineering firm against damage claims for a turbine failure in an electric power plant on the Gulf Coast.
  • Represented a contractor in recovering monies from work on a power plant in Texas on delay and damage claims by owner and general contractor.

Recognition

  • BTI Client Service 30: BakerHostetler advanced 19 positions to #9 (2016)
  • The Legal 500 United States: Real Estate and Construction: Construction (including construction litigation) (2016)
  • U.S. News - Best Lawyers "Best Law Firms" Litigation - Construction (2016)
    • Metro Denver, Tier 2
  • The Best Lawyers in America© (2016)
    • 1 lawyer named in Construction Law
    • 2 lawyers named in Litigation - Construction

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