For several decades, Miller Nash Graham & Dunn's Construction Team has represented owners, developers, general contractors, design professionals, specialty contractors, suppliers, testing laboratories, and other professionals in the construction industry. We are proud to serve clients in a variety of industries, including healthcare, education, manufacturing, hospitality, gaming, government, and technology. Our experienced construction lawyers negotiate contracts for and litigate disputes for large and small construction projects across the country.

For our latest thoughts on construction law, visit our blog, From the Ground Up.

TRANSACTIONAL

We take pride in advising our clients on construction projects from inception to grand opening. Our transactional services include the following:

  • Legal Structural Advice. We advise our clients on the legal structures that are crucial to a successful project, including:
    • Project ownership structures (e.g., joint ventures, public-private partnerships)
    • Procurement regulation compliance (e.g., public contracting codes)
    • Project delivery methods (e.g., design-bid-build, design-build, CM/GC)
  • Procurement Documents. For public clients that are subject to procurement laws, and private clients that seek to establish policies and guidelines governing procurement efforts, we have professionals with extensive experience in preparing the following:
    • Requests for proposals (RFPs)
    • Invitations to bid (ITB) packages
    • Custom public and private procurement rules and guidelines
  • Contract Drafting and Negotiation. We have extensive experience with drafting and negotiating contracts for large and small construction projects, including:
    • Fixed-fee and GMP construction contracts
    • Architect and engineer contracts
    • CM/GC contracts
    • Design-build contracts
    • Construction management agreements
    • Integrated project delivery agreements
    • Subcontracts
    • Supplier agreements, including custom
    • Engineer Procure Construct (EPC) contracts
  • Counseling and Guidance. We counsel our clients during various stages of design, preconstruction, and construction of their projects, including:
    • Insurance, bonding, and other risk allocation and management matters
    • Construction administration issues (e.g., payment applications, submittal reviews, completion certificates, and liens)
    • Audit of projects and claims
    • Code and regulatory issues

CLAIMS AND LITIGATION

We successfully negotiate and litigate a wide range of construction-related disputes, including:

  • Payment Claims, Delays, and Terminations. We regularly advise owners, general contractors, designers, and specialty contractors during projects when relationships have become strained. While we strive to get a project back on track, our focus is on protecting our client's rights. As necessary, we prosecute and defend all types of construction claims, including:
    • Payment claims
    • Liens and foreclosure actions
    • Terminations
    • Delay claims
    • Bond claims
  • Construction Defects. We prosecute and defend claims for breach of contract and negligent construction in connection with new construction or renovation work. We litigate a wide variety of construction-defect claims, including:
    • Water intrusion of all types
    • Concrete
    • Flooring
    • Window and door systems
    • Structural steel
    • Design deficiencies
    • Roof structures
    • Siding and framing
    • Mechanical, electrical, and plumbing
    • Energy efficiency
  • Product-Defect Litigation. Our team defends a variety of manufacturers of products used regularly in construction. Our extensive experience in defending product-defect claims includes the following:
    • Class action
    • Personal injury
    • Property damage
  • Insurance Claims. Potential claims against insurance carriers are part and parcel with construction claims. We regularly act as coverage counsel to many general contractors, specialty contractors, and design professionals that may also have insurance defense counsel defending the primary construction-defect claims. We advise clients on their rights as policyholders and, if necessary, bring claims against the carrier to provide a defense and to cover claims.
  • Professional Errors and Omissions. We represent design professionals and design-build contractors against claims for professional negligence.
  • Bid Protests. We have experience with handling federal, state, and local bid protests involving public procurements.