Skip to Main Content

Explore Our Capabilities

Construction

Overview

Clients turn to Parker Poe’s Construction Group for a holistic solution to their legal needs in the Southeast. From contract preparation to business counseling to dispute resolution, our team has significant experience at every stage of construction projects. Our clients include international construction companies and manufacturers, national and regional homebuilders, major design firms, industrial suppliers, municipalities, and other owners, developers, contractors, subcontractors, architects, engineers, construction managers, and surety/fidelity companies. 

Clients appreciate how the breadth of our experience enables us to see their challenges and opportunities through multiple lenses. We can provide proactive counsel on the key sticking points and risks for various parties in a contract negotiation, for example, and this counsel is informed by how we have resolved claims that have arisen from similar provisions. 

We take a practical approach, starting with the business outcome that each client is looking for and then advising on the path to get there. Clients have praised how we become an integral part of their teams, working in tandem to realize their big-picture goals.

Areas of Focus

Contract Negotiation & Preparation

We provide consultation and assistance in the negotiation, preparation, and review of any type of contract to a construction project, including prime and subcontract agreements, contracts for architectural or engineering services, and contracts for material supplied on credit. Many common problems can be avoided at the contract negotiation stage with careful attention to the details of the agreement, clarification of the parties' responsibilities, and identification of potential or recurring trouble spots.

We also coordinate the legal aspects of commercial and industrial development projects throughout the Southeast and internationally. Our services include preparing plant supply contracts and related documentation, such as project finance agreements, labor and supply contracts, construction and design contracts, and barter and countertrade arrangements.

Counseling & Claim Avoidance

We place major emphasis on providing preventative counseling and advice, with the goal of avoiding counterproductive, costly disputes and litigation on issues such as:

  • Payment and contractor claims
  • Scheduling and delays
  • Defective construction and warranty obligations
  • Design defects
  • Liens
  • Licensure of contractors, homebuilders, and design professionals
  • Building codes and other regulations

Dispute Resolution

Regardless of the forum or the issues involved, our overriding goal is to resolve all construction disputes as quickly and inexpensively as possible, with the best results for our clients.  We represent clients in mediation, arbitration and litigation in both federal and state courts. Our attorneys also appear before government regulatory bodies regarding licensing and building code issues. We have handled disputes on both private and public construction projects throughout the United States, as well as other parts of the world. Some of the more frequent disputes involve defective work, defective design, delays, unanticipated conditions, lien rights, surety claims, change orders, and payment. 

General Business Representation

We are prepared to assist with every aspect of daily business, including establishing and structuring corporate entities, securing the necessary permits and licenses, advising on tax and partnership questions, counseling on employment and benefits, and navigating insurance issues. We regularly represent clients in land acquisition for projects, zoning and land use, environmental compliance, and conventional industrial revenue bond approaches to construction financing.

We are also experienced in corporate and partnership transactions involving the sale and purchase of design and construction-related enterprises, as well as the preparation of general and project-specific business plans for such entities.

Representative Experience

Dispute Resolution

  • Represented Southeast-based design firm in connection with multimillion-dollar dispute regarding the renovation and expansion of airport facilities.
  • Represented owner/developer in separate arbitration, state court, and federal court proceedings regarding the development of a luxury home community with more than $150 million in infrastructure.
  • Represented national homebuilders in numerous multimillion-dollar construction defect lawsuits, including lawsuits involving putative class actions, condominiums or other multifamily developments, and single-family homes.
  • Represented national homebuilders in environmental contamination lawsuit.
  • Represented general contractor in multimillion-dollar dispute with project owner involving claims and counterclaims for mechanics’ lien enforcement and construction defects and other payment issues. 
  • Represented international design firm in connection with multimillion-dollar claims for delay and improper design of mechanical and building envelope systems for new wing of regional hospital.
  • Represented a contractor on a $100 million dispute with a subcontractor on the construction of an international power plant, including disputes over delays and defective construction.
  • Represented a contractor on a multimillion-dollar dispute with a public owner over change orders and delays resulting in a judgment in favor of the contractor.
  • Represented a surety after contractor went out of business, including resolution of lien claims and completion of work.
  • Represented an engineering firm on a dispute over environmental cleanup, which led to a favorable resolution for the engineer.
  • Represented an architect on allegations of defective design in the construction of a state facility, which led to a favorable resolution for the architect.

Contract Negotiation

  • Drafted and negotiated separate development and construction contracts on behalf of a university for its campus housing expansion project.
  • Drafted and negotiated a design/build contract for the construction of a new pharmaceuticals facility on behalf of an international multidisciplinary construction firm.
  • Drafted contracts and negotiated the owner-controlled insurance program for the construction of a new $150 million manufacturing facility on behalf of an international manufacturing client.
  • Counseled regional health care client to develop and implement form contracts for the construction projects on their campuses, including design contracts, guaranteed maximum price contracts, and master services agreements for entities performing ongoing work.
  • Represented the owner in connection with the construction of an industrial plant, including zoning issues and contract negotiation.
  • Represented sports and entertainment clients in the development and construction of arenas, stadiums, and convention centers.

Loading Content

Professionals

Loading Content