Construction Law
We know building starts with relationships.
Hilger Hammond construction law attorneys have deep experience protecting clients’ interests in construction law. A significant portion of our practice involves serving as general counsel and special litigation counsel to all players in the construction industry.
Our team of construction law attorneys work across the spectrum of the construction industry on matters relating to the preparation and negotiation of complex multi-party construction agreements; the pursuit or defense of construction defect, delay and lien claims, and many more matters specific to the construction industry.
We know that disputes must be resolved efficiently and effectively. We actively engage in pre-suit facilitation and other forms of alternative dispute resolution. Where litigation is necessary, we have appeared in tribunals across the country, including state and federal courts and private arbitration panels.
Our Clients:
Construction Law Services
- Review of contract documents
- Contract drafting: AIA, AGC, EDJC, DBIA and ConsensusDOCS
- Negotiation of contract terms
- Assistance with Building Information Modeling
- Assistance with Integrated Project Delivery Methods
Litigation and Dispute Resolution
- Contract disputes
- Construction lien foreclosure
- Contractor theft and trust fund claims
- Payment and performance bond claims
- Construction defects
- Change order and formal claims
- Project schedule claims
- Schedule acceleration, compression, and loss of productivity claims
- Differing site conditions
- Project closeout and payment disputes
- Warranty claims
- Design defects
- Design professional liability claims and defense
- Defense of job site injury claims
- Mediation and arbitration
- Construction manager and design builder liability claims and defense
- Green building issues
- Blue print deviation issues
- Building code violations
- Professional licensing proceedings
- Mold Claims
- OSHA and MIOSHA investigations and claims
- Federal Miller Act claims
- Bid disputes and public procurement
- Insurance claims
- Risk management assessment
- Global risk management strategies
- Captive insurance
- Micro-captives and I.R.C. 831(b)
Project Management and Construction Consulting
- Contract document preparation and tracking
- Contractor qualification and background investigation
- Implementation cash-flow management principles
- Evaluation of treasury management services and financing
Construction Law Representative Cases:
- Negotiated $200 million IPD client for a general contractor
- Negotiated a complex settlement in litigation involving a defunct development and multiple subcontractor liens and bank mortgages
- Resolved claim against engineer prior to initiation of arbitration
- Obtained a summary disposition in a lawsuit concerning a claim of lien
- Successfully defended a general contractor at trial on a claim by subcontractor for a significant change order.
- Prepared and negotiated numerous commercial and residential construction contracts, including custom agreements and agreements prepared or endorsed by trade associations such as AIA, AGC, DBIA, EJCDC, and Grand Rapids HBA
- Evaluated bid irregularities and potential bid protests on behalf of owners and construction professionals involved in public projects
Hilger Hammond Construction Law Attorneys
Stephen Hilger
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Benjamin H. Hammond
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Aileen M. Leipprandt
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Mark A. Rysberg
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Christopher E. Nyenhuis
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Construction Law Resources & News
Construction Contract Clauses, Part 6 – Waiver of Claims for Insured Losses
Many insurance sections of construction contracts contain language whereby the parties involved in the construction project waive all claims against all other parties involved in the project for insurable losses such as property damage and personal injuries.
Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused.
Construction Contract Clauses, Part 5 – Conversion Clauses
A conversion clause arises in the context of contract termination. There are generally two types of termination; termination for cause and for convenience. Each type of termination differs with respect to the basis for termination, as well as the limitations on payment rights the terminated party retains post-termination. A conversion clause operates to convert a wrongful termination into a termination for convenience. The following is an example of a conversion clause.
If it is determined, by litigation, arbitration or otherwise, that termination for default was unjustified for any reason, the termination shall be deemed a termination of convenience and Subcontractor’s remedies shall be limited to those provided for as a termination of convenience.
AIA 2017 – What’s New About The Old?
In April 2017, the American Institute of Architects (AIA) released the 2017 editions of its flagship agreements, including the Owner-Contractor Agreement (A101), Owner-Contractor Agreement, Cost Plus a GMP (A-102), the General Conditions of Contract (A201) and the Contractor-Subcontractor Agreement (A401). Significantly, AIA also created a new comprehensive insurance and bonds Exhibit (Exhibit A) to be used with these agreements.
Some interesting changes to note:
Liquidated Damages. Liquidated Damages are now expressly identified with a new provision. In prior revisions, LDs were merely suggested in a “prompt” as an insertion. Furthermore, the Owner is not required to file a Claim to impose liquidated damages. Prior AIA versions were silent on whether Owner was required to file a formal claim; courts addressing the question reached differing results.
Captive Insurance Costs. Contractor must obtain Owner’s prior approval of Contractor’s costs for insurance provided through a captive insurer owned or controlled by Contractor.
Allocation of GMP. Adopting a revision commonly made by the parties, if a GMP is given, allocation of the GMP does not constitute a separate GMP for each individual line item on the Schedule of Values.