Construction

When issues related to construction projects arise between parties, they can have a detrimental impact on business relationships and the successful completion of the project. Litigation may not always be the appropriate solution. ADR employs methods for managing disputes outside of court. Jennings Strouss offers multiple options of ADR, including mediation, arbitration, and mini-trials.

Bankruptcy can be an extremely useful business tool for a company looking to accomplish a beneficial sale of assets, obtain new financing, or achieve a capital restructure. Our attorneys focus on the interests to be advanced or protected by identifying issues, marshaling facts, and researching and strategically applying the law. They determine a strategy for effectively presenting clients’ positions to the court and opposing party. Our attorneys assist 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 up for so long that it limits a company’s ability to take on new projects. Our attorneys are experienced with defending clients in a wide-range of patent and latent defect issues, including mold, water, soil and landscaping, foundation, structural failure, and electrical systems.

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 construction contract claims under the laws of each state. Our attorneys have substantial experience in negotiating contracts for new private and public commercial construction projects and renovations. They provide assistance in negotiating the standard industry form contracts, preparing project-specific forms, and, when necessary, handling construction contract disputes.

Jennings Strouss counsels our clients in the construction industry on the full spectrum of corporate and finance services, including business formation, corporate governance and regulatory compliance, financial transactions, public and private securities offerings, mergers and acquisitions, sale of the business, real estate, tax strategy, and intellectual property and technology matters.

Construction industry companies are often faced with employee-related issues that can significantly impact projects and the overall business. Jennings Strouss provides advice and other assistance on a broad range of labor and employment matters related to wage and hour, construction injuries, sexual harassment, discrimination, wrongful discharge, searches and seizures, drug testing, and the design and review of employee compensation programs and benefit plans.

In addition to the firm’s employment-related services, our attorneys have in-depth experience in helping clients deal with labor unions, including advising employers facing a union organization campaign on negotiating collective bargaining agreements and handling disputes and grievances through arbitration.

They also advise on compliance with the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Fair Wages and Healthy Families Act (formerly Prop 206), Occupational Safety and Health Administration (OSHA) regulations, Legal Arizona Works Act (LAWA), and other labor and employment-related legislative measures.

Pre-construction knowledge of mechanics lien laws is essential. No two states’ lien laws are the same. Our attorneys guide clients through the various statutes and requirements and help defend their interests in mechanics and materialmen’s liens.

Jennings Strouss represents clients in the construction industry before state and federal courts at the district, appellate, and Supreme Court levels. Our attorneys negotiate and litigate claims and disputes involving private owners, the federal government, and a number of state government procurement agencies. They also handle a wide range of construction litigation matters, including unworkmanlike performance, Arizona Registrar of Contractors issues and Arizona Contractor Recovery Fund claims, American Institute of Architects (AIA) contracts, engineering issues, surety and bond claims, defective plans and specifications, construction insurance issues, code violations, and actions for indemnity. We also have extensive experience in defending clients against job site injury claims.

Our attorneys assist private and public sector clients in the construction industry, including minority set-asides and disadvantaged minority and women business enterprises, with procurement law compliance and bid protests and contract disputes.

Jennings Strouss has extensive experience in nearly all aspects of real estate, including the acquisition, development, and disposition of real property; financing; title insurance; syndications; leasing; construction, renovation, and restoration; tax strategy, including tax-deferred exchanges, qualified opportunity zones, and qualified opportunity funds; subdivisions; eminent domain; and litigation.