Contract Drafting negotiations
Construction projects are complex and fraught with risks. Every contract is a singular business venture; every construction project is the place where multiple diverse business models intersect. Different project delivery methods, different commercial models, and always a new group of project participants – understanding the client’s business in the context of unique project circumstances is fundamental to managing client risk. We have that experience. We have drafted contracts for every level of project need; we have worked with every industry form contract. We have developed and curate our own suite of form contracts for clients. We have negotiated one-time contracts valued in the many hundreds of millions of dollars. Our team has the experience to ensure clients’ contracts clearly define responsibilities and mitigate potential issues, preparing their unique business venture for a successful project.
Prime Contracts & Subcontracts
Contracts allocate risks, rights, and responsibilities for a construction project. An effective contract utilizes clear writing to forecast and fairly allocate the risks involved on the project. Recognizing the defects in a contract requires a thorough understanding of project risks, project roles, and the current law. Our experience allows us to examine issues from all perspectives to identify potential issues and craft resolutions before they need to be litigated.
Construction Management Agreements
A construction manager (“CM”) is becoming a popular fixture on various construction projects as the singular entity with total control of the numerous moving parts present on a project site. With many responsibilities that change from project-to-project, construction management agreements are not one size fits all. While “form” agreements are available online, they are rife with potential pitfalls as they are not customized to the unique and ever-changing function of a CM on a particular project. We draft, negotiate, and litigate agreements based on your specific needs to accommodate each unique project.
Design-Build & Epic Agreements
Design-Build (“D-B”) and Engineering, Procurement, Construction (“EPC”) agreements are becoming widely used on a variety of construction projects. Under both agreements, one entity is responsible for both the design and the construction of the project, as opposed to the traditional method of project delivery where an owner contracts with an engineer or architect to design the project and then a contractor to build it. While D-B and EPC agreements can streamline the owner’s redress and speed the construction progress, they also can greatly increase the risk to the builder as its responsibilities are now two-fold.
Like all construction contracts, it is vital to fully comprehend the risks and responsibilities being agreed to, particularly under D-B and EPC agreements where the builder’s scope of work is much more extensive, and the owner’s control over the final product is limited. Our attorneys assist builders and owners with the drafting, negotiating, and review of D-B and EPC agreements.
Joint Venture Contracts
A joint venture contract allows two or more parties to share the risk, responsibilities, and rewards of a given construction project. These relationships can be extremely beneficial as they can mitigate risk, and otherwise combine resources on a project that the venturing parties may not have been able to accomplish on their own. As an experienced construction law firm, we have the expertise necessary to draft joint venture contracts for construction projects.
Joint ventures between foreign and domestic entities add an additional layer of complexity. With globalization in full force, it is common for foreign investors to look to the United States to grow their businesses by teaming up with a domestic company whose resources and connections can be used to complete the project. Whether you are seeking a foreign investor or looking to team with domestic partners, Manion Stigger LLP can draft joint venture contracts that provide a strong framework and a clear agreement for all parties involved
regulatory& administrative proceedings
Manion Stigger thrives in dispute resolution, but we are not content to wait for the dispute before deploying winning strategies. Winning, real winning, means developing and executing business strategies designed to avoid disputes. And this defense makes for the best offense: for the dispute that cannot be avoided, a comprehensive risk management program prepares our client to present the overwhelming case.
Manion Stigger works closely with contractors to develop robust enterprise risk management programs identifying, assessing, mitigating, and monitoring risks to enhance operational efficiency. We work to refine project management methods (including risk identification, documentation, and communication) and train project teams to reinforce enterprise objectives. We then support these broader strategies at the project level, working hand-in-hand offering real-time input when dire project circumstances demand specific and nuanced solutions.
Risk Management & claim prevention
Navigating federal, state, and local legislation and regulatory requirements that impact construction projects can be overwhelming. But our attorneys have extensive experience advising construction clients on the intricacies of government contracting, compliance with applicable administrative codes and regulations governing construction projects.
And if a contractor finds itself on the wrong side of governmental investigation or action, we have the experience to help. Whether intervening in an OSHA investigation or mounting a bid protest, our attorneys have a history of making the right move when it counts.
