Construction Law

Overview

Blank Rome construction lawyers provide comprehensive legal services to owners, developers, design professionals, prime contractors, subcontractors as well as material and equipment suppliers in both the public and private sectors, nationally and internationally, with respect to all types of construction claims before various state and federal courts and arbitration panels.

Our construction lawyers are committed to providing an upfront analysis of a construction problem, devising a strategy to achieve the client’s objectives and ultimately getting the problem resolved with a minimum amount of time and expense.

Our construction lawyers have extensive experience with:

  • drafting construction contracts
  • advising on contract administration and project management matters
  • handling cases involving all types of direct and indirect cost claims, including claims for:
    • delay
    • acceleration
    • loss of productivity
    • default
    • termination
    • extra work
    • defective specifications
    • design errors and omissions
    • differing site conditions
    • product defects/failures cases
    • bid protests
    • mechanic liens
    • payment and performance bond claims

Professional liability claims are essentially two cases in one: the liability claim and the causal litigation or transaction. As such, a team with significant dispute and transactional experience is essential to understanding the underlying case. When called upon, we work closely with our clients to define the near-term and overarching objectives of the representation and to implement a comprehensive plan to address both the substantive issues of the primary claim, as well as understand the underlying intricacies of the causal matter.

Blank Rome construction lawyers work with clients in an efficient and cost effective way to minimize risk and maximize success by developing creative contract delivery systems, resolving problems before, during and after the project with unique solutions and, if needed, expeditiously and cost effectively representing clients in all types of disputes forums including mediation, arbitration and the courts.

Our construction law team takes an interdisciplinary approach and is comprised of lawyers across several of our nationally-recognized practice areas including government contracts, labor and employment, real estate, energy, insurance, project tax and finance, bankruptcy and creditor’s rights, environmental, criminal defense, corporate investigations, and regulatory compliance.

Our lawyers have significant experience with large projects, EPC and EPCM projects and alternate project delivery systems, particularly in power generation, infrastructure and heavy industrial process facilities, including:

  • coal, gas-fired, combined cycle nuclear, biomass, hydroelectric and power generation projects
  • chemical plants
  • mining facilities
  • steel mills
  • coke and coal by-product plants
  • liquid natural gas (“LNG”) and sour gas processing plants
  • mass transit, bridge and highway projects

In addition to their extensive government contracts experience before Boards of Contract Appeals and cases in the United States Claims Court,  Blank Rome lawyers have appeared before the International Chamber of Commerce (“ICC”), the International Centre for Dispute Resolution (“ICDR”) of the American Arbitration Association, the Hong Kong International Arbitration Centre,  and the Singapore Industrial Arbitration Centre (“SIAC”), they are experienced in the international enforcement of any arbitral awards pursuant to the United Nation Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (the New York Convention).

Related Services

Experience

  • Representation of Owner and General Contractor on replacement of steel erection subcontractor on 3 World Trade Center located in New York.
  • Represented an architect in a series of claims arising out of the design and construction of the Federated Investors Retail Office Complex in downtown Pittsburgh.
  • Representation of Contractor in connection with claims arising out of the construction of the Washington Mall Shopping Plaza located in Marietta, Ohio.
  • Representation of a Norwegian contractor in a UNCITRAL arbitration in Calgary involving $400 million of claims arising out of the construction of a sour gas processing plant in British Columbia.
  • Representation of Owner in connection with the construction of the largest office tower in New Jersey located in Jersey City.
  • Representation of Owner in connection with a 182 unit senior housing development located in Western Pennsylvania. 
  • Representation of Owner in connection with the construction of two hotels located in Western Pennsylvania. 
  • Representation of an international consortium of civil engineering contractors in the first bid challenge lodged against a public works department of the Hong Kong government under the WTO Agreement on Government Procurement, relating to the $500 million Central Reclamation Phase II project.
  • Representation of a contractor in claims totaling over $250 million in connection with the construction of a 790-megawatt super critical coal-fired power plant in Iowa.
  • Representation of a European contractor in an ICC arbitration sited in Geneva in connection with $165 million claims arising out of the construction of a blast furnace in Chicago.
  • Representation of a Mexican/Norwegian joint venture contractor in a UNCITRAL arbitration sited in London in connection with $42 million of claims arising out of the construction of a steel pellet mill facility in Venezuela.
  • Representation of the Hong Kong government (owner) in relation to claims exceeding US$40 million brought by a Japanese contractor and six nominated subcontractors arising out of the extension and refurbishment of a hospital.
  • Representation of an owner in connection with contract drafting, bid protest, project counseling and claims resolution arising out of the construction of a $600 million light rail transit system in Pittsburgh.
  • Representation of a contractor in connection with claims arising out of the construction of a $650 million pipe mill built in Ohio to supply pipe for the Marcellus Shale play.
  • Representation of an owner in connection with claims arising out of the construction of a $32 million sewage treatment plant in Pennsylvania.
  • Representation of a contractor in a series of cases arising from the engineering, procurement, and construction of a $100 million 310-megawatt combined-cycle power plant in California.
  • Representation of a contractor in connection with claims arising out of the decommissioning of a nuclear reactor owned by a utility in California.
  • Representation of a large urban county on numerous construction claims, both as plaintiff (or counter-claimant), alleging construction defects (HVAC, electrical, etc.) at a new county prison and the county nursing home complex.
  • Representation of a regional water quality authority against contractors as plaintiff and counterclaimant in several cases/ claims regarding the installation of defective computer control systems on processing equipment, and a breach of contract against a contractor for untimely construction of a major pipe system installation.
  • Representation of a design professional in a litigation brought by owners and general contractors over cost overruns in the development of a municipal waste water treatment project, as well as public water storage and aquifer recharge projects.

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