Our attorneys have represented a variety of parties on a myriad of complex issues and contract disputes related to construction projects. We have the industry knowledge and experience needed to successfully represent general contractors, subcontractors, design professionals, owners, developers and lenders in construction matters.
We have worked extensively with program/construction managers, architects, engineers and contractors on behalf of our clients. Specifically, we are involved in the drafting, reviewing, revising and negotiation of engineer and consultant agreements and the American Institute of Architects (AIA) construction documents, which include contracts for the services of architects, construction managers, contractors and others. We often draft and prepare the RFP documents for various professional service providers involved in performing construction services.
For our public clients, public improvement projects exceeding applicable dollar amount thresholds require a process that adheres to competitive bidding laws; other projects are subject to competition quotation procedures. Whether it is ensuring that the competitive bid process is conducted fairly or reviewing the contractual obligations of all parties involved, our attorneys are in tune with and knowledgeable about the details.
Litigation & Arbitration
If a dispute arises during the course of the project, we have extensive experience in either negotiating or litigating construction disputes. However, our goal is to be proactive in partnership with our clients. We counsel and assist our clients in negotiations for the project, such as project delays, change orders, or product defects, in order to avoid litigation. If litigation is required, our litigation attorneys have the industry background and trial experience needed for success in the courtroom, and are experienced in both state and federal court as well as arbitration proceedings.
- Drafted, revised and negotiated architectural, engineering and construction management contracts as well as complex, multi-million dollar construction contracts for various K-12 public school districts and private colleges and universities in Iowa. These contracts have been with some of the largest architectural firms and general contracting companies in Iowa and the Midwest for a variety of new construction projects, including the new Johnston High School, the specialized Waukee Schools WILC building, the Dubuque Schools aquatic center, the new innovative STEM building at Drake University, and renovations and additions for the athletic complex and fields at Central College.
- Represented a private contractor in a dispute involving the multi-million dollar construction and renovation of a hotel and casino complex. The owner maintained the contractor and others had performed defective work requiring substantial renovations and sought damages well into the millions. The firm successfully represented the contractor through a complex multi-day panel arbitration resulting in a complete defense ruling absolving the contractor of any liability.
- Assisted a school district in negotiating a resolution of potential performance and payment disputes with the contractor on one of the district’s construction projects including, but not limited to, a dispute regarding the failure of the mechanical sub-contractor on the project to deliver a mechanical system in accordance with the project plans and specifications. The resolution was negotiated without the necessity of any litigation or arbitration proceedings involving the district having to be filed. As a part of the resolution, the General Contractor agreed to indemnify and hold the district harmless from any claims by any subcontractors including any claims by the mechanical subcontractor.
- Worked extensively with a school district in its construction project involving a brand new multi-million dollar high school. Our firm’s breadth of experience and knowledge allowed us to serve the district in every aspect of the project, including preparation of the documents required for the financing of the project, the overseeing of various real estate transactions and acquisitions, the drafting of easements and joint use agreements with private and municipal entities, and the development, administration and enforcement of various architectural, engineering and contractor agreements. Through our firm’s assistance in dealing with many of the smaller details of the project, the district was able to focus its attention on the big picture of educating its current and future students in a brand new state-of-the-art facility.
- Assisted a school district in resolving potential disputes related to renovation of the district’s athletic facility. As a result of the firm’s work, both the roof and interior masonry were redone at no expense to the district after architectural inspections revealed those areas did not comply with the contract documents for the project.