Construction Contract Drafting and Negotiation

At Dickinson Wright, we believe in anticipating and addressing critical issues before they become problems. Our construction attorneys handle all aspects of commercial, residential, and public construction contract drafting and negotiation. We focus not only on the legal issues involved but also on our clients’ day-to-day operations. This allows us to tailor legal documents to their specific needs, support sound business practices, and establish effective systems for addressing issues.

We spend significant time in arbitrations and courtrooms, but we also work alongside our clients on-site and in job trailers. By assisting with projects, reviewing plans and schedules, and helping prevent potential problems and disputes, we gain practical knowledge that informs and strengthens the legal services we provide.

Our Clients

Our Core Services

From project management, scheduling, payment processing, real estate and title insurance, lending, procurement, and licensing to claims that arise during and after construction, our attorneys draw on decades of experience with construction trades and businesses. We provide practical documentation to support the successful design and construction of projects from start to finish. Our work includes:

• Standard contract documents
• Master trade agreements
• Joint venture agreements
• Teaming agreements
• Subcontractor and material supplier agreements
• Insurance provisions, liens, and other releases
• Change orders, certifications, and proposals

We also advise clients on the appropriate use of different project delivery systems, including design-bid-build, construction manager at risk, design-build, job order contracting, and public-private partnerships. Our attorneys address the legal and practical considerations associated with each approach.

Representative Experience

• Negotiated and prepared construction contracts for the multimillion-dollar expansion of a large rehabilitation hospital. The project involved multiple parties and complex land issues that were resolved to allow construction to proceed.
• Negotiated and prepared contracts on behalf of a condominium association for the repair and reconstruction of common areas.
• Negotiated and drafted design and construction agreements for new facilities throughout the country for a leading owner of senior living communities.
• Prepared contracts on behalf of a design-builder for the design and construction of buildings within a nonprofit housing project.
• Negotiated and drafted construction documents for a major hospital expansion and facility improvement project.
• Represented healthcare entities in drafting and negotiating design, construction, and consulting agreements for hospital, outpatient, and medical office facilities throughout the country.
• Prepared construction contracts for a development involving private garages and a performance racetrack.
• Negotiated and drafted construction contracts for a multimillion-dollar university hospital renovation, including a construction manager agreement and multi-prime agreements.
• Represented an electrical construction and software design company in negotiating a teaming agreement and bid contract for traffic-control software supplied to two Canadian municipalities.
• Represented a municipality in negotiating design and construction contracts for a $100 million spring training stadium developed in partnership with a professional baseball team.
• Represented a major retail center developer in connection with construction and design contracts throughout the Western United States.
• Prepared procurement and contract documents allowing reimbursement for public infrastructure improvements related to multiple retail and automotive centers.
• Negotiated and prepared design and construction contracts for condominium projects, resorts, hotels, and motels.
• Represented developers and contractors in structuring contracts and joint venture agreements to comply with applicable laws.