Construction
Our Construction Law Practice Group is comprised of attorneys who are skilled and truly understand the construction industry itself. We know the issues and we know how to handle them. Within our group, we have the background and skills that demonstrates our focus and experience. Our construction attorneys have unique professional and legal backgrounds that enhance their service to our clients. Our attorneys include a licensed architect, public sector representation and hands-on construction experience. All told, our attorneys have over 75 years of combined experience in the construction industry.
Project Counseling
We have the industry knowledge to match our clients’ capabilities with the appropriate project delivery methodology. Be it a traditional method, to construction management, design-build and EPC, we understand the utility of each. We can also develop the required contracts that match your plan to the precise project delivery system. We understand the risks inherent in the construction industry today and provide contracts designed to manage those risks in light of constantly shifting legal principles. We equip our clients with the best tools to achieve success. We have successfully served as project counsel on almost $2 billion dollars of new construction.
Construction Litigation
Our litigators are known for their well-deserved and impressive reputations, depth and skill throughout the construction industry. Benesch represents various parties, including contractors, owners, construction-related professionals and insurers. We have substantial experience in all types of construction disputes including: bid disputes; subsurface claims; constructive change disputes; extra work claims; delay, disruption and interference claims; workmanship and product failure disputes. We have appeared in federal, state and courts of claims, as well as various board of contract appeals and arbitration forums. Our attorneys also serve as arbitrators and mediators, so we understand what it takes to successfully present and defend claims. The firm received national first-tier rankings in Litigation-Construction by 2022 U.S. News & World Report/Best Lawyers® “Best Law Firms.” Benesch was also recognized by Chambers & Partners in Chambers 2023 for the Construction practice area.
Efficient, Focused on Results
Once a project is underway, our team emphasizes preventative measures. We draw on our experience in alternative dispute resolution methods to handle conflicts quickly and effectively.
Our attorneys are skilled advocates and facilitators in mediations, arbitrations, dispute review boards and litigation. We know how to use each of these forums effectively, and will advise you on the most economical and creative methods to resolve your dispute. When formal litigation cannot be avoided, we are prepared to vigorously pursue our clients’ objectives.
You’ll find that our construction team represents the entire spectrum of construction industry participants. Our clients include public, middle-market and emerging companies, as well as public entities and non-profit organizations. We have first-hand experience in every conceivable building category, including tunnels, bridges, roads, buildings and industrial facilities. From issues dealing with power plants, dams, refineries, sport complexes and highways to residential development and high-rise to low-rise, we attack every project with the same intensity. Our years of experience in large, complicated cases allow us to address our client’s interests at the highest levels. We work with our clients to handle construction issues from start to finish, cooperatively and interactively.
Construction Law Seminar Offerings
Experience
- Represented manufacturer in litigation arising out of construction project and successfully resolved the matter early in litigation.
- Representation of major U.S. AgTech Company in disputes, transactions, and operational issues related to hundreds of acres of vertical farms in Appalachia.
- Representation of one of the world’s largest manufacturers of solar trackers and technology on global supply chain and construction matters.
- Represented a national engineering firm as coverage counsel in a dispute with its errors and omissions insurer over the applicable insurance limits to be applied.
- Represented a construction manager in the successful prosecution of a repair cost claim against its subcontractors and insurer for defective workmanship.
- Represented a public owner in the defense of a tunneling contractor’s $12 million breach of contract claim and the presentation of a counterclaim for the recapture of improperly billed time and material change orders. This representation culminated in the dismissal of the contractor’s claims and the recovery of almost $20 million for the client.
- Representing a private owner as project counsel on a $300 million capital improvement program to rehabilitate and enlarge a corporate headquarters facility.
- Represented a private owner as project counsel in a successful $1.2 billion capital improvement program. The program involved two major facilities, four large facilities, a free-standing parking garage and ten medium facilities. This representation involved the use of design-build, construction manager at-risk and general contractor project delivery methodologies and the preparation, negotiation and monitoring of more than 800 separate contracts with project participants.
- Represented a contractor in the successful, sequential prosecution of a significant delay and disruption claim against a public owner and its Engineer of Record on a lift bridge replacement project.
- Represented an interiors subcontractor in the successful prosecution of a delay and disruption claim involving a new hospital project in Statesboro, Georgia. This representation culminated in a very favorable award after a multi-week arbitration proceeding.
- Represented an Owner in the successful prosecution of multiple claims against the design professionals, construction manager and material suppliers for deficient paving, roofing and cladding systems.
- Representing owners as project counsel on a $800 million iron ore processing facility and a $700 million waste to fuel facility.
- Represented a construction manager in the successful prosecution of an extra work, delay and disruption claim against a developer on a build to suit regional facility for the FBI. This representation culminated in a full recovery after a multi-week arbitration proceeding.
- Represented an electrical contractor in the successful prosecution of a $10 million wrongful termination and delay and disruption claim involving the installation of a new aluminum processing facility.
- Represented an Owner in defending a $60 million extra work and delay claim raised by a contractor on an environmental remediation project. This dispute involved a ten-year performance period, millions of project documents and dozens of witnesses which culminated in a successful three-week arbitration hearing.
- Representation of a client in delay, disruption and "scope creep" claims adverse to a major U.S. energy producer.
- Representation of an international REIT in construction defect, interference, and right-of-way claims related to demolition and new construction near an urban office tower.
- Representation as lead counsel and team leader in a dispute pending in federal court related to an International and Local Union.
- Representation of a U.S. design-builder regarding completion issues and closeout related to a military infrastructure and housing project in the Caribbean.
- Representation of a domestic EPC contractor in disputes with the U.S. Navy related to completion of infrastructure, housing, and other projects in Guantanamo Bay, Cuba.
- Representation of a liquidating trust in the marketing and sale of a mammoth, partially complete industrial facility located in the Midwest, along with negotiated TIF financing for a consortium of project participants.
- Representation of a specialty industrial piping contractor concerning delay and disruption claims stemming from unplanned shutdowns, acceleration, related to boiler replacement at a steel manufacturing facility.
- Representation of a specialty design-builder in delay and disruption claims stemming from construction, on an EPC basic, of a riverfront manufacturing facility.
- Representation of a renewable energy company in funding opportunities and a dispute with investors.
- Representation of a prime contractor in claims for disputed extras, delay and disruption, and prolongation costs related to a $50 Million phased refinery improvements and construction.
- Representation of a design-builder in the significant expansion and new construction of a food manufacturing facility in North America.
- Representation of a design-builder in the construction of critical portions of an $800 Million electric power peaking plant.
- Representation of a domestic specialty industrial design-builder on a delay and disruption claim related to deletion of scope, and disputed termination of contracts, for a retro-fit and new construction of an oil refinery expansion in North America.
- Representation of a design-builder in claims against the owner related to design and construction of a U.S. manufacturing facility housing some of the largest mechanical presses in the world.
- Representation of a Fortune 100 manufacturer of electrical and control systems in various claims related to construction of a hydro-electric power plant in Canada.
- Assist an international design-builder in completion of a large infrastructure project (5,000 troops) in the pacific for the U.S. government.
- Representation of a U.S. specialty concrete contractor in defense of construction defect claims, and prosecution of responsive claims for delays and prolongation, on a Division I University construction project.
- Representation of a team of contractors and design professionals, seeking additional compensation, related to new construction of a P3 water treatment facility in the United States.
- Representation of an international contractor in the negotiation of a contract for specialty construction and support, access, security management and facility protection in the Middle East on a project built for an international oil producer.
- Represented a surety and large specialty contractor concerning claims for payment that followed the cancellation of a 1 million square foot manufacturing project at roughly 80% completion.
- Represented a prestigious preparatory school in a faulty design and defective construction claim resulting from a building envelope failure at its Natatorium and Athletic Facility.
- Representation of an American specialty glass manufacturer regarding the alleged failure of a structural glazing system in an urban tower.
- Representation of a U.S. design-builder in four matters involving delay, disruptions, scope creep and prolongation related to simultaneous construction of four urban towers.
- Representation of a U.S. design-builder for bidding irregularities, changes, and delays on several Division I university buildings.
- Representation of a piping contractor in arbitration on added scope and delay/disruption claims related to defective owner-design of a domestic power facility.
- Representation of an international EPC contractor to assist in completion of a historic, troubled oil transmission project in central Iraq. Handling of disputes involving nearly $75 Million in claims in the LCIA (London).
- Representation of a specialty piping contractor in delay, disruption, and prolongation claims related to owner, designer, and upstream contractor impacts to a project that involved construction of a new technology (IGCC) power facility.
- Representation of one of the nation’s largest public university in defense of contractor/delay disruption claims and prosecution of claims against design professionals for cost overruns caused by errors and omissions.
- Representation of a North American contractor specializing in vertical construction on claims for delays and disruptions involving construction of hotels for some of the world’s largest franchisers.
