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We understand the complexities of construction, and we are proud of the diverse group of lawyers with deep subject matter experience we have available to tackle your most perplexing issues. Our collective experience means we won’t be learning on the job, but instead we bring a wealth of experience to guide you to a strategic and efficient resolution of the issues. We are effective negotiators and strategic litigators, with an experienced trial team at the ready should negotiations not result in resolution.

Shovel to Gavel Legal Services

Our dedicated team helps public and private owners, manufacturers, developers, contractors and subcontractors, joint venture parties, suppliers, architects, and engineers.

What sets us apart? We operate like a boutique construction firm within the structure of a full-service firm. You get the experience of lawyers focused on your construction project, but we can draw from the experience of our colleagues in multiple disciplines. Our experience spans work on stadiums for major professional sports teams, some of the busiest airports in the country, and the largest home developer in the United States. We serve high tech and biomedical industries and understand the language of the sectors and the industry.

Our Approach

Choosing the right project partners for design, project management, and construction is critical to project success. Preparing and administering the RFPs, leveraging relationships with architects and contractors, and drafting contracts are at the heart of what our team can do to help get construction started and build cost savings and efficiency into the project.

We are skilled in budgeting and providing accurate estimations of construction litigation liability and transactional expenses. Whether your projects are domestic or international, we can help stay on track and can counsel you on contracts, finance, litigation, dispute resolution, and many other topics. Additionally, if you need advice on domestic local, state, and federal tax laws and on the intricacies of doing business in various states and countries, our tax lawyers are well-versed in construction law.

Construction Litigation and Dispute Resolution

From representation at regulatory hearings to multi-party arbitrations to the conduct of multiweek, complex jury trials, we have the experience to manage your matters and obtain the best possible outcome.

If litigation becomes necessary, our team has litigated virtually every construction project-related issue, including:

  • Contract interpretation issues
  • Bid protests
  • Complex insurance coverage issues
  • Developer and condominium rights
  • Construction defects
  • Design deficiencies
  • Delay and disruption claims
  • Differing site conditions and geotechnical issues
  • Disputes among owners, contractors, subcontractors, and consultants
  • Disputes relating to scope of work changes
  • Easements and condemnation matters
  • LEED issues
  • Payment claims
  • Subrogation claims
  • Tax issues

Environmental Construction Services

Foley attorneys have in-depth environmental experience, having served as general legal and environmental counsel to water management districts, utilities, airports, resorts, municipalities, and other governmental entities. We have been influential in participating on our clients’ behalf in the definition of several states’ environmental rules and policies, and construction and insurance regulation.

Employment Law For Construction Clients

We offer comprehensive assistance with today’s challenging workforce issues, including internal employment policies; labor and union negotiations; construction project labor agreements; employment contracts, compensation, and benefits, workers’ compensation; and responses to employee claims and charges.

Complex Insurance Coverage

We can provide you with counseling and interpretation of complex insurance coverage issues that often arise in the construction context. We have experience litigating coverage issues in state and federal courts.

Construction Bid Protests

Filing or responding to a construction bid protest requires immediate action, usually within days of a project award. When timing is critical, you need attorneys who understand the bid protest process and can quickly address your issues. At Foley, we have successfully handled bid protests for clients like you in numerous jurisdictions at federal, state, and local levels. We also successfully defend attempts to derail contract awards by defeating TRO’s and applications for preliminary injunctions.

Construction Project Documentation

We have extensive experience with all of the commercial families of construction-related forms, including AIA, ConsensusDOCS, EJCDC, and owner manuscript forms. We leverage that experience to help you proactively develop project documentation policies to aid in your compliance and support any project-related claims or defenses, as necessary.

Financing / Government and Community Relations

We understand how to read the political landscape nationally and locally to help guide you in securing funding for your projects and goodwill from the community. Transit programs, innovative tech, health care, public safety, clean water, and green energy programs can all be harnessed to provide funding for major infrastructure projects, and we have the experience to help.

Stadium Development

We have worked with several professional sports teams and universities on stadiums and ancillary development, including the Brewers, Broncos, Bucks, Cubs, Packers, Jaguars, Marlins, Nationals, Patriots, WooSox, Rangers, Golden Knights, University of Central Florida, and West Point.

We also have partners who have served in high level executive positions with professional teams and leagues including the president of Major League Baseball, chairman of Augusta National, an NBA Assistant General Counsel, Chief Legal Officer of the Boston Bruins, and general counsel of the New York Jets.