At the procurement stage, we do more than just draft and negotiate contracts for owners, construction managers, general contractors, and their subs. We advise on procedures for vetting documents, structures to minimize uncertainties and future disputes, means to effectively manage risk, and other aspects of the transaction that require the specialized knowledge of professionals versed in both the building industry and the law.

Our construction attorneys regularly draft and negotiate the following contracts on behalf of our clients:

• Owner and design professional contracts, such as the AIA B101-2017 Owner and Architect Agreement as well as design professional standard form contracts.
• Owner and contractor construction contracts, including fixed-price design-bid-build contracts, construction manager at risk contracts, construction management as an advisor contracts, design build contracts, cost plus contracts, and cost plus contracts with a guaranteed maximum price (GMP). We regularly negotiate AIA Owner/Contractor Contract Documents including the AIA A101-2017 (Stipulated Sum), AIA A102-2017 (GMP), AIA A133-2009 (CM with GMP), and AIA A201 (General Conditions). For our clients who consistently enter into construction contracts, such as public and quasi-public entities, developers, schools and universities, we prepare customized forms of contracts that suit our client’s internal practices, procedures, and preferences.
• Contractor and subcontractor construction contracts. We work with our general contractor clients to develop a standard form of subcontract, purchase order, and other contract documents with lower-tier contractors. We assist our subcontractor and supplier clients to negotiate their contracts. We work with mechanical, plumbing, steel fabrication, specialty coating, and other specialty subcontractors and suppliers on their contract forms and processes.
• Collaborative construction contracts, such as teaming agreements, joint venture agreements, design build, and integrated project delivery agreements.

In preparing and negotiating these construction contracts, we counsel our clients to consider provisions to manage and plan for risk including as appropriate the following clauses: indemnity, liability insurance, property and builder’s risk insurance, additional insured requirements, waiver of consequential damages, liquidated damages, no damages for delay, pay if paid, pay when paid, payment bond, performance bond, joint check, audit, cost of work, and other similar provisions. We employ a specialized approach for each client on each project to ensure a fair and reasonable methods are in place to reduce the anticipated risks and that predictable process is established to avoid disputes and additional delay resulting from unanticipated risks.