Industries
Construction

Construction

Shipman’s team of Construction Lawyers is invested in the success of our clients and committed to helping them achieve their goals with respect to each construction project they undertake.

Our Construction lawyers assist clients during all phases of a construction project from project conception to closeout. We provide guidance in the selection of a project delivery method, bidding and procurement of design professionals and contractors, contract preparation and negotiation, and avoidance and resolution of construction related disputes. We work with our clients to identify and address issues before they become contested. However, when disputes arise that cannot be resolved informally, we stand ready to provide our clients with the benefit of our extensive experience in all forms of dispute resolution, including mediation, arbitration and litigation. Our clients include private and public owners, developers, public and private educational institutions, contractors, construction managers, healthcare facilities, subcontractors, design professionals, project consultants, and sureties.

Our team provides construction services in all of the areas listed below.

Construction and Design Contract Procurement and Project Delivery

We understand that the best way to ensure that an owner will receive responsive, complete and uniform bids/proposals from design professionals, contractors and other project participants, is for the owner to issue bidding documents that are comprehensive, well- organized, and, in the case of public projects, statutorily compliant. We assist our clients by drafting requests for qualifications/proposals that meet these criteria. We also discuss with clients the various options for project delivery and help them select the project delivery method that will be most effective for their project, taking into consideration the nature and complexity of the project, the scheduling requirements for the project and the capability of the client’s staff to administer various aspects of the project. We make it our business to understand each project and the particular needs of our clients. We are well-versed in all aspects of procurement and project delivery including:

Request for Proposals/Qualifications (RFP/RFQ)
CM at Risk
CM Agency/Advisor
Design-Bid-Build
Design-Build
Integrated Project Delivery
Public-Private Partnership
Project Management
Owner’s Representative

Preparation of Design and Construction Contracts

From the outset, we work closely with each of our clients to gain an understanding of the project, the client’s goals and requirements for the project and any particular areas of concern that may need to be addressed contractually. Through careful preparation and thoughtful negotiation of construction related contracts, we are able to establish appropriate procedures and safeguards to best protect the interests of our client and to eliminate potential areas of misunderstanding between the contracting parties that can lead to future disputes. We offer significant experience with all of the following:

AIA
Custom Contracts
Consensus Documents
EJCDC
Public and Private Entities
Residency (New Home and Home Improvement Projects)
Commissioning

Bid Issues and Protests

A bid dispute can be both costly and detrimental to the timely completion of a project. In order to help reduce the risk of bid disputes, we work closely with our public clients to establish appropriate statutorily compliant procurement procedures and comprehensive bid documents that concisely reflect those procedures. In the event a bid challenge does arise, we provide assistance designed to keep the project on track and moving forward to completion. We provide guidance in regard to all aspects of the bidding process, including:

Preparation of Bid Documents
Bid Bonds
Statutory Requirements
Bid/Bidder Analysis and Counseling
Avoiding and Resolving Bid Challenges

Insurance and Bonds

Insurance and bonds are important tools that project participants can employ to mitigate certain construction-related risks. We work with our clients and their insurance advisors to establish appropriate requirements for coverage for owners, contractors, subcontractors and design professionals, taking into account the insurance and bonding requirements of public and private funding sources and landlords, as applicable. We assess insurance requirements for a large number of construction projects, and assist clients to develop strategies for allocating and minimizing risk for their projects. We assist with:

Risk Management and Mitigation
CGL (Comprehensive General Liability)
Workers’ Compensation
Builders’ Risk
OCIP/CCIP
Payment and Performance Bond
Professional Liability/Errors & Omissions
SDI (Subcontractor Default Insurance)

Project Troubleshooting

We understand the importance of addressing project issues as they arise in order to minimize the potential adverse impact on project costs and schedule. We encourage our clients to contact us as soon as problems surface so that we can provide guidance on such things as contract rights and obligations, document retention and control, communication among project participants and legal requirements. Our team routinely offers advice on a number of issues, including:

Counseling During Construction
Background Checks
Labor/Wage and Hour Issues
Extra Work/Scope “Creep”
OSHA Compliance/Citations
MBE/SBE Requirements
Environmental issues and Hazardous Materials
Contract Defaults
Termination (For Cause and For Convenience)

Claims Management and Dispute Resolution

Claims and disputes can derail a project. They are frequently complex, costly, time-consuming and involve interrelated contract issues. Our clients can be confident that when disputes do arise, we will defend and protect their interests vigorously and effectively. We work closely with our clients to understand their goals and we establish optimal strategies to overcome obstacles and accomplish those goals. Our attorneys have extensive experience in all forms of dispute resolution including:

Mediation/Arbitration
Litigation
Bond claims/Surety
Insurance Claims
Mechanic’s Liens
Construction and Design Defects
Unforeseen Conditions
Delay, Efficiency and Acceleration Claims

Experience

General

Represented General Contractor on Multi-Million Dollar Public Project Destroyed by Fire

Represented the general contractor on a multi-million dollar public project destroyed by fire just prior to substantial completion and shortly after the limits of builders risk coverage (“BRI”) had been significantly reduced. Successful resolution of the matter required navigation through the interplay of the BRI coverage, various general liability insurance issues, surety bond concerns, contractual obligations, and complicated damages issues. Without the need to resort to litigation, an arrangement was negotiated among the owner, contractor and the insurers to enable the contractor to rebuild the project with insurance proceeds. Initially faced with potential financial ruin, the contractor successfully completed the project and it is fully open for public enjoyment.

Represented Developer on Multiuse Development of Ground Leased Site

Represented the developers of a multiuse development on a ground leased site in New Haven, Connecticut. We were responsible for the drafting and negotiation of various complex project related agreements such as a consulting contract for preconstruction services, a construction manager at risk contract, early release package agreements, and the guaranteed maximum price amendment. The representation was complicated by the fact that the project involved multiple construction phases with separate schedules and guaranteed maximum prices. In addition, there were several investors in the project, a ground lessor, as well as an institutional lender, all of which had an interest in the terms and conditions of the project related documents.

Brokered a Complex Settlement on Behalf of Municipality for Defective Design on Major Development Project Along Connecticut River

The Shipman construction team was called in to assist a local municipality, when, shortly after substantial completion of a municipal development along the Connecticut River, it became apparent that a portion of the developed site was sliding down the riverbank toward the river. We successfully brokered a settlement among our client and various design professionals responsible for the design of the project.