Gurley Herbert has established a long and successful record of advocating the interests of owners, contractors, subcontractors, suppliers, material manufacturers and design professionals. The projects we are involved with include luxury high-rise condominiums, theme parks, resort hotel complexes, hospitals, and multi-billion-dollar energy generation facilities. We have represented industry participants in all forms of construction, design and governmental disputes, including defective construction claims; errors and omissions design claims; default terminations; impact, delay and acceleration claims; OSHA actions; and building code disputes before state and federal courts and arbitration panels.
Our construction practice consistently delivers pragmatic and innovative advice to clients in all aspects of construction and real estate development projects. Our lawyers counsel clients from conception to the completion of a construction project. During the pre-construction stage, we anticipate the types of risks that will arise and determine the appropriate means of allocating or resolving the risks throughout the contracting process. This proactive approach enables all parties to handle any financial and technical contingencies prior to construction, which can result in significant cost savings. Some of the services that Gurley Herbert regularly provides for our construction industry clients in the pre-construction stages of a project include:
- Drafting, reviewing and negotiating construction and design contracts
- Identifying appropriate project delivery methods
- Preparing bid packages and proposals
- Drafting, reviewing and negotiating development, completion and takeover agreements
- Representing clients before administrative agencies on project-related regulatory matters
- Counseling clients on claims avoidance, risk allocation, management and scheduling
During construction, issues of contract administration having far-reaching legal and financial impacts often arise. Handling these issues on a “real-time” basis results in a more cost-effective and amicable resolution, as opposed to waiting until the end of a project when positions have hardened. Gurley Herbert construction attorneys’ hands-on experience enables us to react quickly and confidently to address and resolve such matters. Our attorneys can negotiate completion agreements for clients and facilitate continued work on “problem” construction projects by working closely with project owners, contractors and subcontractors to identify potential disputes before they arise or result in litigation. The tools we may employ to accomplish this result include:
- Assisting our clients in documenting problems and positions
- Claims preparation and analysis
- Providing advice on likely judicial interpretation of contract provisions
- Negotiating change orders and contract adjustments
- Providing on-site training for personnel in the timely, practical settlement of contract management issues
When problems cannot be prevented or resolved through planning or negotiation, the Firm is prepared to aggressively prosecute and vigorously defend our clients’ legal rights. Gurley Herbert has extensive experience representing our clients in state and federal courts and in arbitration proceedings throughout the Southeast and Puerto Rico, and has achieved an exemplary success rate in the litigation of construction and surety disputes. In representing a party in a construction dispute, we continue to adhere to the principles of providing our client with cost-effective and practical advice using budgets and litigation risk analysis techniques to guide our approach through all phases of the case. We combine extensive legal and technical knowledge to efficiently analyze plans, drawings and other construction documents, and to assess disputes. This powerful combination of legal experience and technical expertise allows us to analyze and resolve a wide range of public and private construction disputes.
Some of the areas in which Gurley Herbert offers dispute resolution services include:
- Contract disputes
- Construction defect, delay, disruption, and impact claims
- Subcontractor and supplier disputes
- Architectural/Engineering malpractice claims
- Wrongful termination claims
- Surety bond claims
- Construction/Mechanic’s lien disputes
The Gurley Herbert team of attorneys and professional staff know the complexities of construction law and litigation. Our professionals stay abreast of developments within the industry through their participation in legal and trade associations such as the American Bar Association Forum on Construction Law Committee, American Institute of Architects, Associated General Contractors, Associated Builders & Contractors, Inc., Gulf Coast Builders Exchange and numerous other local and regional organizations.
From the construction site to the negotiating table, and when necessary, the courtroom, Gurley Herbert provide effective and efficient services to help our construction clients achieve their financial and business goals.