Construction Industry

Overview

The construction industry is ever changing and rife with potential liability. We recognize how important it is to provide timely, practical counsel that facilitates positive outcomes and minimizes risk. 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.

Our experienced attorneys have worked on some of the largest and most complex projects worldwide, designing solutions to meet each client’s unique needs. We represent every kind of player in the construction business – from owners and contractors to design professionals and specialty subcontractors – drawing on our deep transactional knowledge and sharp dispute resolution and litigation skills to achieve the desired results for our clients.

We bring together talented attorneys from multiple practice groups – tax, employment, litigation and more – in addition to our own to support clients in every aspect of their businesses.

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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

Construction Transactions
  • Negotiated more than $500 million of architect and design-build agreements for hotel, multifamily and office towers in the downtown Houston Central Business District.
  • Negotiated multimillion-dollar downstream procurement and service agreements, subcontracts, financial security, and other related agreements related to a $50 billion liquified natural gas project in Australia.
  • Represented a renewable energy technology company providing artificial intelligence-enabled concentrated solar energy for the engineering, procurement and construction of a $90 million commercial-scale development project partially funded by the Department of Energy with a leading Australian energy provider.
  • Represented an Engineering News-Record top environmental contractor in the negotiation of more than $250 million of remediation service agreements on multibillion-dollar liquified natural gas and other industrial projects.
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Professionals

Name Title Office Email
Associate Atlanta
Partner Dallas
Partner Orlando
Partner Cleveland
Partner Houston
Partner Orlando
Partner Atlanta
Associate Atlanta
Partner New York
Partner Houston
Partner Washington, D.C.
Partner Denver
Partner Orlando
Partner Houston
Associate Denver
Partner Orlando

Experience

Construction Transactions
  • Negotiated more than $500 million of architect and design-build agreements for hotel, multifamily and office towers in the downtown Houston Central Business District.
  • Negotiated multimillion-dollar downstream procurement and service agreements, subcontracts, financial security, and other related agreements related to a $50 billion liquified natural gas project in Australia.
  • Represented a renewable energy technology company providing artificial intelligence-enabled concentrated solar energy for the engineering, procurement and construction of a $90 million commercial-scale development project partially funded by the Department of Energy with a leading Australian energy provider.
  • Represented an Engineering News-Record top environmental contractor in the negotiation of more than $250 million of remediation service agreements on multibillion-dollar liquified natural gas and other industrial projects.
Construction Litigation
  • Represented a major integrated oil company in litigation brought by a contractor alleging cost overruns arising out of the construction of a facility to remove sulfur from CO2 and de-bottleneck a refiner in West Texas.
  • Represented major integrated oil companies and a 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 in a claim arising from the 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 five-star resort/casino in Las Vegas 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 in issues involving the construction of an offshore drilling rig in the Gulf of Mexico.
  • Represented an international company in the construction of an addition to a gasoline and diesel refinery in Louisiana on claims involving the engineering and design of processes to produce ultra-low-sulfur 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 the owner and general contractor.

Recognition

  • Chambers USA: Litigation: General Commercial
    • Ohio (2007 to 2018)
      • Band 2
    • Recognized Practitioner in Florida (2014 to 2018)
  • The Legal 500 United States: Real Estate and Construction: Construction (including construction litigation) (2016)
  • Ranked #19 in the “Top 50 Construction Law Firms” published in the June 2019 issue of Construction Executive.
  • 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
  • Recognized as one of the top law firms for client service, BakerHostetler was named to the 2020 BTI Client Service 30 for the sixth consecutive year.

Publications

Key Contacts