Construction Law

Builders and other construction-related businesses face unique legal issues in every aspect of forming, operating, and growing their businesses. Michael Best provides a full suite of legal services to our construction industry clients to facilitate their day-to-day operations and help them manage risk. We do more than simply identify and resolve legal problems; we serve as business counselors to our clients.

Our attorneys work with construction industry clients of all sizes — owners, architects, engineers, contractors, subcontractors, suppliers, and other parties — on projects from Wisconsin to Indonesia. We advise clients from the inception to the close-out of a construction project and beyond, on matters such as:

• Negotiation and drafting of construction contracts (customized as well as industry standard), including design-build agreements, zoning and pre-construction dispute resolution, and systems integration contracts
• Siting and permitting negotiations with federal, state, and local governmental agencies, including environmental permitting
• Development and monitoring of best practices/documentation relating to change orders, site conditions, claim events, payment applications, lien waivers, meeting minutes, field notes, certificates of insurance, and scheduling
• Reaching agreement on claim events
• Litigation and alternative dispute resolution
• Labor and employment matters for unionized and non-union workforces, including collective bargaining, labor arbitrations, discrimination claims, unemployment and worker’s compensation, OSHA and workplace safety, wage and hour issues, employee discipline, and terminations

Construction Litigation & Dispute Resolution

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 reasoned resolution that protects our client’s 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, including first-chair trial experience in matters involving liens and lien foreclosure, insurance coverage disputes, bankruptcy and creditor rights, and federal bid disputes.

As times change, we see shifts in the real estate and construction industries. To continue best serving our clients, we've created a flat-fee multi-practice analysis and strategic approach, and we're confident that it will help address conflicts head-on with legal strategy and creative tactics that reduce tensions, save money, and avoid legal claims.

We have extensive experience helping clients address claims involving a broad range of construction-related issues, such as:

• Design/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
• Accelerations, delays, and disruptions
• Private and public liens, including lien foreclosure
• Payment applications
• Job site accidents and OSHA
• Theft by contractor
• Scheduling punch lists
• Substantial and final completion
• Warranties and insurance coverage

We also strive to help clients foster a collaborative environment for construction projects and avoid disputes. Our lawyers work with many professional organizations, keep current with the major contract documents from AIA and other sources, and help negotiate and draft contracts aimed at reducing project disputes and costs. These efforts help foster open communication among the parties, which in turn leads to more realistic expectations and improved delivery of desired results in a given timeframe.