In today's highly regulated world, owners, architects, contractors, engineers, insurers and others in the construction industry are increasingly faced with multiple avenues of liability for the same work-related occurrence. In addition, numerous legal decisions are required related to every project. Jennings Strouss construction attorneys handle legal issues relating to the construction process from land acquisition and project financing to post-construction claims settlement. These include such matters as, building contracts, bonds and sureties, construction and builders' liens, and construction claims, which affect all participants in the construction industry. Our firm represents clients in most aspects of the construction industry, including project owners and managers, developers, contractors, suppliers, builders, architects and engineers.
The construction group combines experience and sophistication in construction litigation and counseling with knowledge of the regulations that govern in contracting with local, state and federal government. We also can handle most aspects of public and private construction litigation and contracting and have assisted clients in the construction of public works projects and highway, bridge, school building and construction of other commercial developments. Jennings Strouss' construction attorneys give clients a broad perspective on the legal issues arising in the vast construction field.
Alternative Dispute Resolution
These tactics are employed to preserve relationships and assure a successful project. We are experienced in arbitration and in alternative dispute resolution procedures, such as mediation and mini-trials. In fact, two of our attorneys have served as arbitrators and mediators in the construction area for the American Arbitration Association.
Bankruptcy and Restructuring Issues
Bankruptcy is really not such a horrific phenomenon; instead it can be an extremely useful business tool for a company to accomplish a beneficial sale of assets, obtain new financing or achieve a capital restructure. Focusing upon the interests to be advanced or protected, our attorneys identify issues, marshal facts, and research and apply the law strategically. They determine a strategy for effectively presenting their clients positions to the court and to the opposing counsel and party. Our lawyers have assisted construction clients in many areas including contested matters in bankruptcy court relating to construction lending, lien priority and construction defect issues.
Construction defect claims can cripple a company or tie things for so long that it limits a company’s ability to take on new projects. Our attorneys have successfully defended clients in patent and latent defect issues related to mold, water, soil and landscaping, foundation, structural failure and electrical systems.
Contract terms and definitions in construction contracts are very important, because they eliminate ambiguity and misunderstanding; they also govern the specific understanding and agreement of the parties to the contract, and provide the framework for interpretation and resolution of construct contract claims under the laws of each state. Our construction attorneys have substantial experience in negotiating contracts for new commercial projects and renovations. We provide assistance both in negotiating the standard industry form contracts as well as preparing project-specific forms. Several lawyers also handle construction contract disputes. Our experience includes both public and private construction projects.
Corporate Law/Commercial Transactions
Our attorneys regularly counsel our construction clients on strategic legal issues, from business formation and corporate governance issues, through growth and financing transactions, and often through disposition of the business and, if necessary, crisis management. We assist businesses in virtually any kind of transaction their company may encounter, including real estate matters, mergers and acquisitions, tax strategy, financial transactions, regulatory compliance, intellectual property, public and private securities offerings, and technology transactions.
Labor and Employment
Companies in the construction industry have great risk for exposure to employee related issues. We regularly provide advice and other assistance on such issues as Davis-Bacon, OSHA compliance, construction site injuries, sexual harassment, race discrimination and other Title VII claims; wrongful discharge claims; the Arizona Employer Sanctions Law, searches and seizures, and drug testing; design and review of employee compensation programs and benefit plans; and advice on compliance with the Americans With Disabilities Act, the Family and Medical Leave Act and other legislative measures affecting employers.
Our lawyers also have in-depth experience over many years in helping clients deal with labor unions. We do everything from giving advice to employers facing a union organization campaign to negotiating collective bargaining agreements and handling disputes and grievances through arbitration. We also counsel clients regarding the avoidance of wage and hour problems stemming from minimum wage and overtime issues under the Fair Labor Standards Act.
Pre-construction knowledge of mechanics lien laws is essential. No two states lien laws are the same. Our attorneys guide clients through the statutes and requirements as well as defend their interests in mechanics' and materialmen's liens.
We have experience representing construction clients in state and federal courts, at the district, appellate and Supreme Court levels. We have negotiated and litigated claims and disputes involving private owners, the federal government, and a number of state government procurement agencies. Our litigators handle a wide variety of construction litigation, including matters involving unworkmanlike performance, Registrar of Contractors matters, AIA contracts, Arizona Contractor Recovery Fund claims, engineering issues, surety, bond claims, defective plans and specifications, construction insurance issues, code violations and actions for indemnity. We also have extensive experience in defending clients against jobsite personal injury claims.
The firm's practice in surety work spans virtually the entire spectrum of surety law, including performance and payment bonds, Miller Act bonds, Little Miller Act bonds, etc. We have handled matters for numerous surety companies and have handled a wide range of lawsuits and claims against construction sureties, including bad faith litigation.
Our construction attorneys have substantial experience in procurement law and regularly represent clients in bid disputes. That experience includes matters involving minority set-asides, disadvantaged minority and women business enterprises.
Several of our attorneys are certified as Specialists in Real Estate Law by the State Bar of Arizona's Board of Legal Specialization. Particular strengths of our real estate lawyers include acquisition, development and disposition of real property; financing; title insurance; syndications; leasing; construction, renovation and restoration; tax-deferred exchanges and other tax issues; subdivisions; eminent domain and real estate litigation.