Kessler & Keirnan’s real estate practice is greatly enhanced by our strong experience in the area of construction law. We represent owners, developers, landlords, tenants, general contractors, subcontractors, equipment and material suppliers, architects, and engineers in all types of residential and commercial construction projects, large and small. Our extensive knowledge of the issues faced by participants in the construction process enables us to prevent problems from arising and to efficiently resolve them if they do arise. Our clients appreciate the common-sense, cost-effective approach we take to protect their interests at any stage from procurement through contract administration to dispute resolution.
Contract Preparation and Negotiation
Our attorneys work extensively with all the industry forms, including AIA, DBIA, and ConsensusDocs, and often prepare project-specific or client-specific contracts. The types of contracts we prepare, review and negotiate cover a broad range, including Owner-Contractor/Design-Builder, Contractor-Subcontractor, Owner-Architect/Construction Manager, and Owner-Vendor agreements, and often include other contract documents, such as general conditions, supplementary conditions, and addenda. Whether the project is simple or complex, residential or commercial, fixed price or cost plus a fee (with or without a GMP), we are well-positioned to help our clients meet their goals and needs in project procurement.
Clients often bring in our team to counsel them during the construction phase of projects. We assist in identifying contract compliance issues and develop appropriate strategies to minimize or avoid disputes. Among the contract administration issues we analyze are design errors and omissions, change orders, unforeseen conditions, construction delays and impacts, cost overruns, construction defects, breach of contract, and other performance issues. We also assist our clients with project closeout and workout, including terminations, takeover and liquidating arrangements, as well as with mechanics lien, insurance, and surety bond issues.
We regularly provide clients with advice on preparing, negotiating, and defending claims for adjustment in contract price and contract time. In addition to our own expertise in different cost calculation approaches and scheduling methodologies, we have access to a wide array of experts and consultants to assist our clients optimally navigate through these claims.