Overview
Strategic Counsel for Every Phase of Construction
Builders and construction-related businesses face unique legal challenges in every aspect of forming, operating, and growing their businesses. Michael Best provides a full suite of legal services to support the construction industry’s day-to-day operations and long-term goals. We serve as both legal advisors and business counselors to a wide range of clients, including owners, architects, engineers, contractors, subcontractors, suppliers, and other parties, on projects across various locations, both domestically and internationally. Our team advises clients from project inception through close-out and beyond, helping them manage risk, resolve disputes, and achieve strategic success.
Chambers & Partners
Michael Best's Construction Practice was ranked in Band 1 in Wisconsin.
Our Approach: Proactive Problem-Solving to Minimize Risk and Maximize Results
We do more than simply identify and resolve legal problems; we serve as business counselors to our clients. At Michael Best, we take an integrated view of construction law. Our attorneys support clients through every phase of a project from initial planning and permitting to contract negotiation, execution, and dispute resolution. We understand the complexities of construction and development, and we work proactively to help clients avoid legal pitfalls before they arise.
“They are very responsive to my needs as well as easy to understand and communicate with.”
"They are very well versed in construction law."
"They do a great job of identifying issues by taking into account the local issues and various entities involved."
"They are very responsive, able to provide additional insight, and have the pragmatic approach of talking through the business implications and not just the litigation strategy."
Focus Areas
Comprehensive Legal Support for Construction Stakeholders
We help clients negotiate and draft construction contracts that reflect their business goals and risk tolerance. Whether customizing agreements or working with industry-standard forms like AIA documents, our attorneys ensure clarity, enforceability, and alignment with project realities.
Our team guides clients through complex permitting processes at the federal, state, and local levels. From environmental approvals to zoning and land use negotiations, we help secure the permissions needed to move projects forward efficiently and compliantly.
We advise on the development and monitoring of project documentation that protects our clients’ interests and supports successful outcomes. This includes change orders, site condition reports, claim event tracking, payment applications, lien waivers, meeting minutes, field notes, insurance certificates, and scheduling protocols.
We counsel clients on labor and employment matters affecting both unionized and non-union workforces. Our services include collective bargaining, labor arbitrations, discrimination claims, unemployment and workers’ compensation, OSHA and workplace safety, wage and hour compliance, and employee discipline and termination.
Construction disputes tend to involve sophisticated issues, highly technical documents, multiple parties, and complex indemnity relationships. Michael Best has the resources and experience to provide sophisticated representation in all aspects of construction law, including dispute resolution.
Our goal is always a practical resolution that protects our clients’ best interests. Whenever possible, we seek alternatives to litigation, including compliance counseling, settlement negotiations, mediation, and arbitration. Our lawyers are equally skilled in both initiating and defending litigation when necessary.
We have extensive experience helping clients address claims involving a broad range of construction-related issues, such as:
- Design and specification defects
- Bid mistakes and protests
- Payment and performance bonds
- Unexpected drainage, excavation, elevation, and other site issues
- Asbestos, mold, and other environmental issues
- Construction defects
- Change orders and project overruns
- Acceleration, delay, and disruption claims
- Construction liens, including lien foreclosure
- Payment applications
- Job site accidents and OSHA
- Theft by contractor claims
- Punch list management
- Warranty claims
- Insurance coverage disputes
Experience
Proven Success Across Complex Construction Matters
Our team has extensive experience helping clients address a broad range of construction-related issues, including:
Actively represents an international healthcare company in the drafting and development of several multi-disciplinary construction, design and management agreements to be utilized throughout North America and select European and Asian markets.
Handles all aspects of real estate and construction matters regarding the acquisition and development of greenfield sites and the renovation of existing stores for a regional, family-owned chain of farm supply retail stores.
- Represented a German multinational glass company specializing in the manufacture of glass and glass-ceramics in contract negotiations for the design and construction of a new Wilson, North Carolina manufacturing facility.
- Recovered nearly $3,000,000 for a specialty contractor that provides fire protection, mechanical, and pipe fabrication services in a dispute with a supplier over defective pipe coatings.
- Represented a Wisconsin-based mutual insurance company in a construction defect dispute with the general contractor who constructed a new facility on the insurer’s home campus.
- Represented the Wisconsin Center District—a special purpose district that owns and operates the region’s largest convention center—in the financing and construction of its Exposition Center Expansion Project, and in the development and construction of the adjacent NBA arena.
- Drafted and negotiated the contracts for the several of Milwaukee Tool’s recent construction projects through the United States.
- Represented one of Wisconsin’s largest general contractors in the negotiation and drafting of key construction documents for a number of luxury student housing projects that are part of a larger redevelopment and housing boom in Madison, Wisconsin.
- Represented a commercial general contractor located in Raleigh, North Carolina in contract negotiations with Lenovo for the design and construction of a new server manufacturing facility in Whitsett, North Carolina.
- Recovered over $2,000,000 in an American Arbitration Association proceeding involving a payment dispute between a material supplier and an installer.
- Recovered nearly $1,000,000 in damages and fees required to repair damaged radiant heating system in two multifamily complexes.
- Successfully defended a mechanical subcontractor from a $2,000,000 delay damages claim by an electrical subcontractor on the UWM School of Freshwater Sciences (published as Mech., Inc. v. Venture Elec. Contrs., Inc., 2020 WI App 23).
- Drafted and negotiated architect and general contractor agreements for Ascendium Education Group’s new $34,000,000 headquarters facility.
- Drafted and negotiated architect and general contractor agreements for two new dormitories on Lakeland University’s Plymouth, WI campus.
