Construction Law
Project Finance and Delivery
With as many ways to finance a project as there are to build them, the first tasks on the construction schedule are to determine how money will be raised to pay for the cost of the improvement, and what will be the project delivery method. Whether the project delivery method will be design/build, construction manager at risk, construction manger not at risk, general contractor, multiple prime, contractors, etc., will depend on where the money will come from. The project delivery method will determine who bears the risks in delivery the project on time and on budget. D'Agostino & Co. attorneys understand the nuances concerning the project delivery methods, and assist our clients structure agreements for the project delivery system that best meets their needs for the project. We counsel our clients on the terms of the agreements concerning design, construction, and financial arrangements, and review and negotiate design and construction agreements to ensure that risk arising from the contract, construction and design defects, mechanic's liens, delays and schedule impacts, payment and performance bonds, and insurance are properly allocated.
Contract Drafting, Review & Negotiation
D'Agostino & Co. reviews, drafts, and negotiates contracts, general contractor and construction management agreements, purchase orders, waivers and releases of liens, assignments, and other contract documents in all participants of the construction industry including lenders, design/builders, developers, owners, contractors, subcontractors, material suppliers, architects, engineers, and other construction professionals.
The firm routinely customizes American Institute of Architects standard forms of agreement, and other industry standard forms including those issued by ConsensusDocs, the EJCDC and the Design/Build Institute of America. D'Agostino & Co. also prepares client specific general contracts, construction management agreements, purchase orders, waivers and releases of liens, assignments, and other contract documents covering a broad range of issues in the lending, design/build, development, owner, contractor, subcontractor, material supplier, architectural, and engineering, aspects of the construction industry.
Our attorneys routinely handle the special issues of the construction industry, and have a strong knowledge of the commercial concerns motivating lenders, design/builders, developers, owners, contractors, subcontractors, material suppliers, architects, engineers, and other construction professionals. We understand the risks in construction industry agreement and seek to fairly and properly allocate the risks, including construction and design defects, mechanic's liens, delays and schedule impacts, payment and performance bonds, and insurance issues concerning the building and construction industry.
D'Agostino & Co. can assist you in implementing project documentation systems that will assist in controlling risk, schedules, and costs.
Performance and Payment Issues
Construction risks are diverse and numerous. Lenders, design/builders, developers, owners, contractors, subcontractors, material suppliers, architects, engineers, and other construction professionals often encounter difficulties in receiving or making payment. Sometimes project participants cannot fulfill their contracts, and default. When this happens, we provide our clients with the help necessary to act quickly and protect its interests. This may involve securing the payment or performance obligations, limit liabilities, mitigate losses and costs, filing and serving mechanic's liens, delays and schedule impact claims, equitable adjustments, payment and performance bond claims, and insurance claims.
We protect our clients, and provide the necessary assistance in negotiating and drafting, termination, takeover, or completion agreements.
Distressed Project Intervention
D'Agostino & Co. often works with our bankruptcy and creditors rights counsel to provide a coordinated resource for lenders, design/builders, developers, owners, contractors, subcontractors, material suppliers, architects, engineers, and other construction professionals involved in construction projects. We work to help clients turn distressed projects around by providing our clients with the help they need to take preventive measures, manage risk appropriately, assist in problem solving, and resolve disputes in a practical manner, efficiently, economically, and strategically.
The firm provides professional service and expertise to trouble-shoot distressed projects with clients, to get projects built on schedule and under budget, before a total break down occurs, with business solutions to business problems. When a key player defaults because of financial or other reasons, a construction project will suffer and, without experienced and prompt intervention, will fail. We help our clients find ways to resolve conflict, protect their rights, and limit their liability, in various areas, including construction and design defects, mechanic's liens, delays and schedule impacts, payment and performance bonds, and insurance.
We provide practical problem solving approaches to help clients achieve business solutions, and when necessary provide counsel concerning the termination of performance under a contract, assumption or rejection of subcontracts, canceling orders for materials and long lead items, taking possession of materials and equipment, filing mechanic's liens and bond claims.
Construction Claims & Disputes
D'Agostino & Co. attorneys help our clients attain their business goals in every aspect of the construction industry. We provide our clients with the help they seek to implement preventive measures, manage risk, problem solving, and resolve disputes in a practical, efficient, economic, and strategic manner. We provide practical problem solving approaches and help clients with delay, acceleration, impact, and disruption claims, contract, and specification scope of work disputes, construction cost accounting disputes, subsurface and changed conditions claims, defective and non-conforming work.
Mediation, Arbitration & Alternative Dispute Resolutions
D'Agostino & Co. attorneys excel in using all types of dispute resolution forums to obtain creative, quick and cost-effective results. We work with the ADR community and obtain successful results through alternative dispute resolution methods for our clients. ADR techniques often play a critical role in obtaining the best outcome towards the clients business goals.
Surety Claims & Relations
D'Agostino & Co. attorneys understand suretyship law, and counsel lenders, design/builders, developers, owners, contractors, subcontractors, material suppliers, architects, engineers, and other construction professionals concerning the issues as it concerns them. Suretyship is a tri-party relationship, ussually among the contractor, its surety, and the owner. The rights and duties of surety, primary obligor and obligee are subject to common law, statutory law, as well as the language of the bond itself. We know the risks borne by sureties, contractors, and owners, and appreciate the business relationship and underwriting decisions.
Insurance Coverage Issues
Insurance policies are usually never read by the project team until there is a need. Often, by the time there is a need, it may be too late. The intricate structure of insurance on a construction project is an effort of project participants to shift risk away from themselves. This leads numerous policies with numerous layers on a primary and excess level. Contracts can obligate insurers to provide coverage that they do not or can not provide, and sometimes voids coverage completely. Insurance policies must in fact provide the necessary coverage and contract should not violate the policy requirements. D'Agostino & Co. knows the problems that can be caused by an contract and understands the law interpreting policies and contracts.