Construction


Construction Newsletter
Fall 2012


Click to view the Construction Practice Group brochure

Arnstein & Lehr’s Construction Practice Group employs innovative and creative methods to represent private, public, local and international clients in a variety of construction-related transactions and litigation matters.  Our attorneys have experience in representing clients in contract negotiation, counseling litigation and dispute resolution relating to numerous projects including office, commercial and residential buildings; nuclear and coal fired power plants; manufacturing facilities, laboratories, water distribution systems, waste water treatment facilities, schools, libraries, stadiums, exposition centers, hotels, governmental facilities, roads, bridges, transit stations, refineries and single family residences.

Our Construction Practice Group includes attorneys with construction industry experience who understand the design and construction process. They have previous career experience in professional engineering which included design, evaluation and construction-related engineering services on significant projects.  Arnstein & Lehr construction attorneys also have an understanding of issues unique to the design and construction industry, attained through their longstanding experience in the representation of construction industry clients.

Our lawyers have lectured to a number of professional organizations and engineering societies on construction and design issues as well, while authoring numerous articles on these issues.

Our Clients

Our attorneys represent owners, developers, architects, engineers, design builders, general contractors, construction managers, material suppliers, control manufacturers, and subcontractors regarding numerous issues related to construction design and insurance coverage law in the following areas:

  • Architect and Engineering Malpractice
  • AIA Agreements
  • Bankruptcy Issues
  • Claims on Bonds
  • Construction Claims
  • Construction Defects (including Florida 558 Claims)
  • Construction Disputes
  • Construction Means and Methods
  • Employment Law
  • Insurance Coverage
  • Labor Relations
  • Mechanics’ Liens (Perfection and Enforcement)
  • Negotiation and Contract Drafting
  • OSHA Investigations
  • Pension Disputes/Audits
  • Prevailing Wage Act
  • Project Labor Agreements
  • Property Damage
  • Publicly Bid Projects
  • Risk Management

Construction Litigation Services

Our attorneys have extensive experience in litigating, arbitrating and mediating complex construction disputes.  This includes the defense of all types of construction claims brought by or against owners, developers, contractors, subcontractors, construction managers, suppliers, manufacturers, design professionals, builders risk insurers, and sureties.  However, we realize the best option for our clients is often not to be involved in litigation at all. To that end, we provide our clients with risk management services and are experienced in alternative dispute resolutions such as mediation and arbitration.

Contract Drafting Services

Members within the practice group are also experienced in the negotiation and drafting of design and construction contracts.  We are familiar with many of the form contracts currently used within the construction industry and have served as committee members and delegates on committees that draft form contracts.  As members of construction industry associations, the construction attorneys at Arnstein & Lehr constantly keep informed of significant issues affecting construction industry clients so the issues can be properly addressed while the contracts are negotiated.

Construction Disputes

The construction attorneys at Arnstein & Lehr have widespread experience in the representation of owners, architects, engineers, contractors, subcontractors, municipalities and suppliers in the representation relating to the prosecution and defense of design and construction disputes including professional liability issues, delay litigation, defect litigation, bond claims, insurance coverage disputes and mechanics liens.

From nuclear power plants to commercial buildings and residences, the construction attorneys at Arnstein & Lehr have been involved in disputes regarding errors and omissions by engineers and architects, construction defects, delay claims and liquidated damages, contract disputes, the defense and prosecution of lien and bond claims, insurance coverage disputes and defense of contractors in response to surety demands under general indemnity agreements.

Attorneys also represent contractors, subcontractors, and professionals in perfecting and enforcing their rights under both the Illinois and Florida construction lien statutes.  Our partners have frequently written and spoken on construction and mechanics’ lien law, and we can assist clients from notices to owners to timely claims on bonds and lien foreclosures.  We have represented clients in foreclosing on single family homes and homeowner association common areas as well as multi-million dollar condominium and commercial projects.  In cooperation with our Bankruptcy, Creditors’ Rights & Restructuring  Practice Group, we work with our clients to ensure that their claims are protected to the maximum extent possible if a contractor or owner files for protection under the United States Bankruptcy Code.

Publications

Attorneys within the practice group have also co-authored the chapters on trial practice and mechanics liens in bankruptcy for the 2008 Illinois Institute of Continuing Legal Education handbook.

Our Florida Construction Liens guide compiles all Florida lien law in a handy pocket book size format and is available at no charge to our Florida construction clients. We can also provide similar information on Illinois mechanics lien law.