From initial contract negotiation and bid preparation to project close-out and dispute resolution, Bradley’s Construction Practice Group has handled every aspect of large-scale construction projects across the country and around the world. Our broad experience comes from our hands-on approach to managing both the business and legal challenges our clients face every day. We understand the sophisticated dynamics of the construction industry at home and abroad, and we deliver smart, real-world solutions to our clients.

Our construction lawyers travel extensively to advise clients on projects in the United States, Canada, and Mexico, as well as more than 35 countries across Europe, Asia, Africa, Australia, the Middle East, the Caribbean, and South America. We recognize that the nature of our practice demands spending time onsite at projects, with our lawyers engaging with clients face-to-face on matters as they develop.

Many of our lawyers earned degrees in engineering and architecture and have previous practical experience working in the construction industry.

Our legal team has helped our clients build a vast array of public and private projects of all sizes, including:

  • Government buildings, including embassies, schools, courthouses, hospitals, and prisons
  • Power plants, including coal, gas, nuclear, solar, wind, biofuel, solid waste, and hydro
  • High-rise office buildings
  • Condominiums and resort complexes
  • Residential developments
  • Industrial and manufacturing plants
  • LNG and LPNG facilities
  • Wastewater and surface water treatment plants, aqueducts, and pipelines
  • Roads, highways, tunnels, dams, and bridges
  • Hospitals
  • Casinos
  • Sports stadiums
  • Golf courses
  • Airports
  • Environmental work, disaster recovery project, waste remediation sites – Superfund and otherwise

We represent clients in all sectors of the construction industry:

  • General contractors (including those that deliver EPC and D/B projects)
  • Owners/Developers
  • Subcontractors
  • Suppliers
  • Construction managers
  • Architects/Engineers/Land surveyors
  • Sureties
  • Insurers
  • Lenders

These clients include five of the top 10 construction companies in the United States, as ranked by Engineering News-Record.

Whether domestic or international in scope, our construction lawyers work closely with clients through each step of the construction and procurement process: planning, performance, and completion. 

Planning: Before any ground is broken, we advise on selecting, negotiating, and drafting contracts – both private and public – and we are well-versed with all standard industry contract forms and how to leverage each for the greatest benefit to our clients. Additionally, the nuances and associated risks in the Federal Acquisition Regulations and other common construction contracts and agreements are familiar territory for our lawyers. We also counsel on all permitting and licensing issues, including environmental and other regulatory compliance matters, as well as requirements for insurance and any surety bonds needed.  

Performance: Our attorneys provide a wide range of services as a project gets underway, including bid protests, change orders, schedule disputes, and payment disputes. In addition, we routinely advise clients on numerous labor and employment issues, including labor relations and NLRB matters, union avoidance, immigration compliance, and equal employment opportunity issues.

In the case of an accident or other mishap in the course of construction, we supervise investigations, assist and interview witnesses, notify appropriate authorities, ensure proper insurance notice, and handle numerous other tasks required to properly manage related issues and pursue a best-case outcome.

Completion: As the project enters its close-out stage, our lawyers help with any inspection and warranty issues that might arise, as well as any claims for construction defects. We also handle the resolution of any outstanding mechanic’s liens and surety bond claims, as well as any other issue that could delay the project’s completion.

In addition to our project administration services, we advise clients on a variety of other often-related business issues, including:

  • Project finance
  • Mergers and acquisitions
  • Bankruptcy and restructuring
  • IP rights
  • Real estate land use and zoning
  • Government enforcement and investigations
 

Our clients’ top priority is a successful construction project, delivered according to plan. To assist in this effort, we dispatch lawyers to assess and resolve problems in the field as soon as they arise. Our experience has shown that a prompt, practical response often averts protracted litigation that can disrupt and delay projects, adding significant risk and costs for our clients.

When disputes do arise, our team of seasoned litigators, who practice exclusively in the area of construction litigation, is available to assert or defend any claims for our clients pursuant to their business goals. In addition to appearing before numerous state and federal courts and regulatory agencies, we offer a full range of alternative dispute resolution experience, both domestic and international, from mediation and arbitration to dispute review boards and structured negotiations.

Our extensive experience handling construction claims includes matters involving:

  • Design and performance defects
  • Extra work
  • Delay and disruption
  • Suspensions and termination
  • Rejection of nonconforming work
  • Acceleration
  • Lost labor productivity
  • Idle equipment
  • Site conditions
  • Liens, bonds, and insurance issues
  • Liquidated damages
  • Warranties
  • Bankruptcies (of the client, other parties on the site, sureties, or insurers)

We represent a broad range of clients that do business with federal, state, and local government entities, counseling on all aspects of contracting and procurement – from advice on bidding and project administration to protesting bids and prosecuting claims. Our experience includes advising clients on procurement, development, and financing, as well as the ongoing construction, operation, and maintenance, of a variety of both greenfield and brownfield infrastructure projects using the public-private partnership (P3) model.

Our lawyers have substantial experience in drafting, prosecuting, and resolving claims related to federal government projects. Our work in this area has resulted in numerous multimillion-dollar recoveries for clients against various agencies, such as the U.S. Department of Defense, General Services Administration, Army Corps of Engineers, U.S. Department of State, and U.S. Department of Veterans Affairs, among others.

In addition to appearing in state and federal trial courts, our lawyers also routinely appear before the civilian and armed services Boards of Contract Appeals, U.S. Court of Federal Claims, and U.S. Court of Appeals for the Federal Circuit on the wide variety of disputes arising between contractors and public entities, as well as between contractors and their subcontractors. We handle disputes with state and local governments as well, and we have litigated claims in the various appeals boards established for state-related claims.

More information about our government contracting practice can be found here.
Our construction attorneys have extensive experience in the energy industry involving a diverse range of domestic and international projects, handling legal matters that include contract drafting, negotiation, project management, close-out, and dispute resolution.

We have a long and deep relationship with energy projects, both in the U.S. and abroad. Our experience reflects a wide variety of energy-related projects. We have advised on, negotiated, and – on occasion – litigated matters related to every type of energy plant. In addition, we have experience with drilling, mining, pipeline, and environmental compliance projects with many of the energy delivery systems. Our experience is so diverse that we have established an energy-focused practice area, and the energy industry has become a key focus for the firm.

More information about our experience in the energy industry can be found here.

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