Bland & Partners maintains a sophisticated and comprehensive construction practice. We specialize in high stakes, end-of-project claim development and resolution, particularly in the offshore and marine industries. Our offshore and marine work has involved such structures or vessels as semi-submersible platforms, jack-up rigs, liftboats, spars, drillships, subsea pipelines and large commercial and private vessels, including articulated tug barges and mega-yachts. Our construction expertise also extends to land-based projects and covers every aspect of the design, engineering and construction process, from planning and design, through bidding and award, during construction and project close-out, including resolving claims through litigation or alternative dispute resolution, if necessary.
Contract Formation and Negotiation
We partner with our clients throughout the contract formation process to support their business and technical expertise with sound legal and risk evaluation advice in an effort to negotiate the most favorable terms for their work.
Specifically, we work with our clients in interpreting requests for proposals and other bidding opportunities to assess risks and develop prudent contract approaches. Our attorneys also assist our clients in evaluating, negotiating, drafting and revising contract terms and conditions, as well as technical specifications. This includes advising our clients on contract insurance requirements and evaluating risk shifting arrangements, such as indemnity provisions, to help manage and mitigate inherent project risks. Our extensive experience in the dispute resolution arena also informs us of critical issues to bear in mind when negotiating and drafting contracts.
We have substantial experience with design-build contracts, EPC or turnkey contracts, master service agreements, wide-ranging subcontract and vendor agreements, partnering or joint venture agreements, construction management agreements, retention of design professional agreements, and technical assistance agreements.
Contract Administration and Dispute Avoidance
During the construction process, our attorneys work closely with our clients to assure that contract terms are being followed and to offer solutions for problems that may arise, while at all times maintaining and preserving their contractual rights. We have become particularly skilled in providing troubled project services when clients are faced with schedule delays, requests for extensions, acceleration instructions, changes to the original scope of work, change order disputes, unforeseen project impacts, warranty claims, defect claims, and liquidated damage claims. We can assist in formulating and implementing a detailed plan designed to improve progress, reduce costs or minimize the likelihood of protracted claims or disputes. Involvement of our attorneys at the earliest signs of trouble is, in the long run, a cost saving and efficient decision, which may help avoid costly litigation at the end of the project. We also have extensive experience in analyzing and resolving construction claims under various insurance policies, including Commercial General Liability, Builder’s Risk, Construction All Risk policies.
Litigation and Alternative Dispute Resolution
We represent our clients in wide range of commercial construction disputes in state and federal courts, as well as local, national and international mediations and arbitration’s. These disputes typically involve delays, disruption, acceleration, cumulative impacts, alleged defects, warranty issues, design changes, growth in scope of work, force majeure, schedule and liquidated damages. A key niche of our firm involves the development and litigation/arbitration of large, complex delay, disruption, acceleration and cumulative impact type claims ranging into the hundreds of millions of dollars. In putting these claims together, we typically work with our client’s technical project team to identify, explain and quantify these claims.
With parties increasingly choosing to include arbitration clauses in their construction contracts, experience in this arena has become increasingly important. We have successfully arbitrated construction disputes on a local, national and international level before the American Arbitration Association (AAA), International Center of Dispute Resolution (ICDR), United Nations Commission on International Trade Law (UNCITRAL), London Court of International Arbitration and International Chamber of Commerce.