practices
Options
Practice Professionals
Related Practices
Related Industries
practices
Contract Negotiation/Drafting
Print PDF

Our attorneys have experience in negotiating and drafting construction agreements using all of the major industry form contracts, including those of the American Institute of Architects, the Engineers' Joint Contracts Documents Committee, and Consensus DOCS. In addition, we have experience negotiating and preparing customized contracts when form documents cannot be adapted to meet the needs of a particular project.

We provide clients with contracts for a wide array of project delivery systems and compensation systems. We have experience with design-bid-build agreements, design-build contracts, Engineering, Procurement and Construction (EPC) contracts, master service and task order agreements, construction management agreements, program management agreements, teaming agreements, and design professional contracts. We have crafted contracts involving a variety of compensation schemes, including lump-sum, cost-plus, good manufacturing practice (GMP), target price, and performance incentives.

A well-drafted contract can help our clients achieve their goals while appropriately allocating risk to the party best able to control the risk. We believe this approach encourages teamwork among project participants, and creates opportunities for solving, rather than litigating, problems.

Representative Matters

• Represent a regional bank in preparing form construction agreements and in negotiating agreements with general contractors, architects and engineers.

• Represent Durr, a large demolition and site preparation contractor, in preparing form agreements and in negotiating agreements with project owners and general contractors.

• Represent a regional engineering firm in negotiating agreements with project owners.

Publications

  • "Declaring an Early Victory: Effectively Using Declaratory Judgment to Timely Resolve Fundamental Contract Interpretation Disputes on Federal Government Contracts"
    The Construction Lawyer,
    Journal of the ABA Forum on Construction Law, Summer 2016