Construction

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Property owners, contractors, architects, engineers and developers engaged in commercial, institutional, nonprofit, and residential building projects across New England benefit from Bowditch & Dewey’s full service capabilities for the construction industry.

We understand that the goal of any construction project is to maintain quality, workmanship and the project goals for long-term use and enjoyment while delivering the project on time and within budget. Our attorneys guide clients through the entire construction process, from the early stages of contract negotiation, financing and local permitting to providing day-to-day advice and offering solutions when emergencies or adverse claims threaten the completion of a project.

We negotiate design and construction agreements for and with owners and major local and national design firms and construction managers, contractors and subcontractors for a variety of project delivery methods including cost plus/GMP, lump sum, and design/build.  We work closely and collaboratively with all the players involved in construction -- owner’s representatives, project managers, construction managers, and designers – so that we can identify key legal and business issues arising from the design and construction process and address those issues in the agreements.

From time to time, despite effective negotiation, disputes inevitably arise during construction.  Bowditch & Dewey’s strong background in litigation and dispute resolution means that we can directly assist clients as challenges arise.  Our litigation team regularly prosecutes and defends complex contract, warranty, surety bond, bankruptcy, employment and OSHA claims.  Our attorneys recognize the demands that litigation can impose on a project’s budget, and combine extensive negotiating skills, deep industry insight and trial experience to help ensure your dispute is resolved as quickly and effectively as possible.


Capabilities:

  • Drafting and negotiating contracts
  • Defending change orders
  • Filing and perfecting mechanics liens and defending against liens filed against a project
  • Preserving and proving bond claims
  • Negotiating with unions
  • Litigation
  • Construction financing
  • Ensuring compliance with OSHA regulations
  • Bid protests
  • Discrimination and wrongful termination claims
  • Workers' compensation
  • Warranty claims
  • Insurance coverage issues


Representative Experience:

  • Coordinated with municipal officials in Departments of Public Works and Code Enforcement and advised architects and engineers during design-development, pre-construction phase of new fast food chain restaurant
  • Represented general contractor who lost public construction projects due to Awarding Authorities’ findings that it was not the lowest eligible and responsible bidder
  • Represented subcontractor on public construction project at assessment of damages hearing following non-payment
  • Represented state agency in dispute with elevator repair and maintenance contractor
  • Represented private school in abutting property owner’s appeals of Conservation Commission and Zoning Board of Appeals decisions in connection with expansion project
  • Represented colleges, universities, independent schools, health care facilities and other nonprofit organizations in design and construction of academic buildings, laboratories, libraries, dining and residential facilities, and health care facilities or projects in excess of $750,000,000
  • Represented a major pharmaceutical company in negotiation design and construction contracts for tenant build-out in multiple facilities having in excess of 1 million s.f.
  • Represented commercial developer in tenant buildouts for office, retail, and mixed use developments
  • Successfully defended claims in excess of $2 million brought by a designer-builder against the owner of a senior living facility, in connection with a $14 million construction project; the arbitration was a multi-party, complex case that spanned over 40 days of hearings
  • Represented franchisee in various disputes and through completion of construction project
  • Defended general contractors and subcontractors against contract, warranty, and negligence claims
  • Pursued payment and enforcement of mechanics lien on behalf of designers, contractors, and subcontractors
  • Represented property owners in defense of claims for payment and in seeking damages for incomplete and defective work
  • Successfully defended hotel and resort against claims before EACC by labor union alleging violations of state labor laws
  • Defended hotel condominium association in action against condominium builders arising from construction defects
  • Assisted hotels in Massachusetts, New Hampshire, Maine, Rhode Island and Florida in obtaining construction and equipment financing