Even simple construction projects can involve complex legal issues or claims. Property owners, real estate developers, contractors and others involved with construction projects often need sophisticated legal counsel who know construction. In today’s competitive environment, they need attorneys who can address and resolve the complexities and disputes that can arise in connection with a construction project in a timely and cost-effective manner.
Comprised of attorneys from our offices in Atlanta, Illinois, Indiana, Michigan, Minneapolis, Ohio, and Washington, D.C, the Barnes & Thornburg LLP Construction Law Practice Group provides broad-based legal support for clients that are embarking on, or have issues related to virtually any kind of real estate development or construction project.
Our attorneys have experience addressing construction-related claims and disputes. We handle complex, multi-party matters involving millions of dollars, including large scale construction defect claims, as well as delay, acceleration and impact claims. We also work on smaller claims involving fewer parties, and are able to do so due our breadth of knowledge and efficient case management.
We understand that our clients want to avoid litigation. We also understand that when a disputed claim must be addressed by counsel, our client’s goal is to resolve the matter promptly and on favorable terms. We work with our clients to bring the necessary parties to the table to seek early resolution of a disputed claim before formal adversary proceedings are commenced. Our experience with construction claims and our knowledge of related insurance coverage issues often allow us to help clients obtain an early agreement on favorable terms.
We also know how to handle claims through formal adversary proceedings, and have substantial experience handling claims through alternative dispute resolution methods including mediation and arbitration. In addition to serving as counsel for clients involved in alternative dispute resolution proceedings, several attorneys serve as mediators or arbitrators in construction-related matters.
We also know how to litigate. Our attorneys routinely handle construction-related matters that require full-blown litigation before federal and state courts. We have handled cases in numerous jurisdictions around the country, and when necessary, provide our clients the full backing and resources that only a large firm can provide.
Barnes & Thornburg is a leader in the representation of clients seeking insurance coverage advice, as well as counsel who can press claims for insurance coverage in connection with construction defect and other construction claims. We generally do not represent insurance companies. Therefore, we are able to provide insurance coverage advice and pursue insurance coverage claims for our clients when necessary.
Our attorneys provide insurance advice during the construction contracting phase, when the construction project is underway, and after completion. We have experience with both traditional and “wrap-up” insurance programs. If problems arise or claims are made that may be covered by insurance, our construction attorneys work with our insurance attorneys to develop insurance recovery strategies. Using this collaborative approach, we are often able to recover back defense costs paid by our clients and/or to resolve the construction claims with insurance carrier provided funds.
Because insurance companies often resist providing insurance coverage for construction claims even when coverage exists, we have the experience and resources to engage in insurance recovery litigation. We have recovered many millions of dollars of defense costs and settlement payments for our clients from insurance companies in connection with construction-related claims.
The legal services provided by the Construction Law Practice Group extend beyond dispute resolution, litigation and insurance related matters. We also draft and negotiate contracts for construction projects, and counsel clients regarding issues involving labor and employment, occupational safety and health (OSHA) compliance with the American Disabilities Act, financing and bankruptcy.
Barnes & Thornburg is on the cutting edge of environmental issues and concerns for the construction industry. Our national practice is a leader in the areas of stormwater permitting and compliance, hazardous substance disposal and remediation, and wetlands permitting issues. We have counseled large and small construction companies on issues ranging from the site-specific to nationally-applicable permitting, training, and documentation obligations. Our practice also includes defending clients against allegations of wrongful or harmful conduct by the government or citizen groups.
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