Why Buchalter
Our team of experienced construction lawyers represent local, regional, national, and international companies, including contractors, owners, and developers in connection with both the private and public sectors. Our clients are involved in in some of the most sophisticated construction projects across the nation, including office, industrial, healthcare, manufacturing, higher education, federal contracts, multi-family, student housing, high-rise residential, infrastructure, and heavy highway projects.
Our lawyers have been consistently recognized as top construction attorneys in Chambers USA, U.S. News & World Report’s “Best Lawyers,” Super Lawyers, and Leading Lawyers. As thought leaders in the construction industry, our team members hold key leadership positions in the top trade and legal organizations, including the American Bar Association’s Forum on Construction Law, Construction Lawyers of America, Association of General Contractors, Associated Builders and Contractors, American Subcontractors Association, National Association of Women in Construction (NAWIC), Construction Financial Management Association (CMAA), American Society of Civil Engineers (ASCE), Construction Lawyers Society of America (CLSA), and others.
Transactional Expertise
The transactional attorneys at Buchalter are widely recognized for their experience in representing contractors, owners, and developers in the drafting and negotiation of construction and related contracts, including guidance on industry promulgated forms such as AIA contracts, EJCDC forms, ConsensusDocs, DBIA documents, and real estate acquisition and financing documents. Our lawyers are adept at recognizing and effectively drafting contracts to manage risk, address complex construction law issues while also including practical operational provisions. The contract lawyers at Buchalter include some of the foremost leaders in contract drafting and negotiation.
Claims Analysis and Preparation
Whether issues arise involving delays, contractual disputes, disputed change orders, defective work, or an unforeseen or catastrophic event, the timely and accurate analysis of the issues and associated impacts and development of a legal strategy are critical.
The experienced attorneys at Buchalter can evaluate the issues, risks, and potential impacts to the project schedule and costs. We work with our clients to develop a strategy to help achieve our clients’ goals in the most efficient and cost-effective manner possible.
Litigation & Arbitration
Buchalter has top-notch litigators with extensive experience in handling virtually every type of construction-related matter throughout each stage of the process, from conception to completion. These matters include project financing, permitting, contract drafting, claim prevention, risk and claims management, and dispute resolution, including mediation, arbitration, litigation (state and federal), and appeals.
Buchalter’s trial lawyers help clients make smart business decisions regarding litigation strategy and solve complex business problems and disputes through a broad range of dispute-resolution and litigation services. Recognizing the time and expense associated with litigation, our experience allows us to formulate appropriate litigation and arbitration strategies that are both effective and cost-sensitive. Our goal is to assist our clients in a manner that manages their risks and avoids protracted and expensive disputes. Our attorneys aim to provide comprehensive and practical legal representation that balances cost and results.
In addition to advocating our clients’ interests before judges, juries, and arbitrators, the firm’s litigation attorneys also have extensive experience in various methods of alternative dispute resolution. We are committed to, when appropriate, utilizing alternative dispute resolution procedures to achieve efficient resolutions to complicated commercial litigation matters. In the event a resolution or settlement is not achieved, Buchalter’s trial lawyers are well prepared to serve as committed and zealous advocates for our clients’ interests.
Lien & Bond Claims
Whether you need to assert or defend a lien or bond claim, our attorneys have decades of experience in this complex area of construction law. We provide guidance on both private and public projects (state and federal), where the applicable laws vary greatly.
Our assistance in this area includes:
- Asserting and defending lien claims
- Preparing state and federal bond claims (public projects)
- Drafting lien waivers and releases
- Preparing and filing bonds to indemnify against liens
- Working with title companies and owners to remove lien encumbrances
- Filing lawsuits to foreclose on lien claims
- Litigating Summary Motions to remove liens
In the event that litigation becomes necessary to enforce payment terms or to clear title to a project, our attorneys are experienced in taking whatever steps are necessary to ensure that your rights are protected.
Our attorneys specialize in the following areas:
- Contract Negotiation & Procurement
- Contract Drafting (AIA, ConsensusDOCS, DBIA, EJCDC)
- Construction Finance
- Contractor Licensing and Professional (Architect/Engineer) Licensing
- Government Contracts, Claims & Disputes
- Bid Protests/Disputes
- Architect & Engineer Liability
- Delay, Impact & Disruption Claims
- Building Information Modeling (BIM)
- Green Building and Leadership in Energy and Environmental Design (LEED) Certification
- Defect & Warranty Claims
- Insurance & Surety Bonds
- Insurance-Coverage Analysis and Disputes (CGL, E&O, CCIPs, OCIPs)
- Labor Relations and Project Labor Agreements (PLA)
- Mechanic’s Lien Drafting and Litigation
- Miller Act and State Law Bonds
- OSHA Violations
- Department of Labor Wage and Payment
- Defect & Warranty Claims
- Change Order & Extra Work Disputes
- Termination & Default
- Mediation, Arbitration, and Litigation
Industry experience includes:
- Commercial, office, retail and hospitality developments
- Multifamily developments
- Condominium projects
- Data centers
- Student housing developments
- High-rise residential projects
- Convention Centers
- Healthcare, senior assisted living, hospital, and medical facilities
- Industrial and manufacturing facilities
- Heavy highway projects, roads, and bridges
- Energy projects, including oil, gas, coal, and nuclear power projects
- Sports arenas and event centers and gaming
- Public Private Partnerships (P3s)
- Financial institutions
Representative Matters
- Secured arbitration award in favor of general contractor in $2.5 million dollar termination for cause dispute on government project
- Represented owner in $30 million design construction defect dispute
- Secured jury verdict in favor of general contractor in $6 million dispute between construction contractor and owner
- Secured summary judgment in favor of general contractor in $10 million dollar lawsuit alleging defective construction and trespass
- Represented developer in $4.5 million dispute over engineering defect in multi-million dollar high-rise office building construction project
- Represented subcontractor in $2 million Miller Act dispute on government project between a subcontractor, general contractor, and surety
- Represent several developers in Washington State on a number of multi- million dollar mixed-use projects involving contract negotiations, warranty issues, and insurance claims
- Representing California-based developers on the renovation of a historic building in Seattle into a Hotel. Handled finance and tax credit work, negotiations with general contractor, and course of construction dispute resolution
- Representing a Seattle Developer through the course of the renovation of a historic building into workforce housing. Handled finance and entity formation, contract negotiations, indemnity, insurance and risk management claims
- Represented the Port of Seattle on differing site conditions claims and bid protests
- Represent numerous real estate developers in California, Phoenix, and Washington State with ongoing construction issues on multifamily mixed use for sale and lease projects
- Resolved a construction road dispute for nearly $100 million in favor of The Colony at White Pine Canyons, Park City, Utah in AAA Arbitration
- Successfully defended institutional lender accused of wrongfully reneging on loan commitment and causing large housing development to fail following 2008 housing market crash
- Jury verdict exonerating control system designer/manufacturer accused of causing chiller plant failure that damaged NASA’s supercomputers
- Obtained injunction to stop large apartment development infringing on neighboring property owner’s rights
- Obtained injunction to stop major shopping center expansion violating department store tenant’s lease.
- Obtained seven-figure settlement to remedy improperly compacted soil underneath distribution center.
- Defended materials suppliers in construction defect litigation
- Successfully defended a materials supplier in toxic tort/asbestos matters
