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Construction

GDCR attorneys have extensive experience helping owners, general contractors and subcontractors manage the risks and liabilities inherent in construction projects and in resolving construction disputes when issues arise.

Before a project begins, our attorneys can assist you with drafting and negotiating all manner of construction contracts, whether for a small commercial building or for a multi-million dollar industrial facility, in order to address and properly allocate the risks which may arise during the building process. Our attorneys have been involved in all methods of projects delivery, including design-bid-build, design-build and CM at-risk. We are familiar with all major industry-wide contract forms, including the AIA and ConsensusDocs forms, among others. Our attorneys have also developed proprietary contracts for use by our clients, including ownergeneral contractor, owner-architect and general contractor-subcontractor agreements.
When disputes arise during or after construction, GDCR’s construction attorneys have the expertise to assist in resolving such disputes as efficiently as possible. Our attorneys regularly participate in mediations and arbitrations in connection with construction disputes, as well as representing clients in litigation when necessary. We have substantial experience representing owners and general contractors in disputes involving:

  • Performance and payment claims
  • Design defects
  • Warranty claims
  • General contract interpretation
  • Performance bond claims
  • Payment disputes, including lien claims and payment bond claims
  • Acceleration, delay and disruption claims
  • Design defects
  • Warranty claims
  • General contract interpretation

In addition, in connection with our representation of major public owners, we have substantial experience in handling bid disputes and protests, as well as counseling public sector clients on compliance with federal and state laws and regulations regarding procurement issues, including compliance with Georgia immigration laws. Recent representations include:

  • Represented major metro-Atlanta school districts in all aspects of multi-year construction programs in excess of $500 million, including negotiating for program management services, drafting proprietary contract and procurement forms for client use, and regularly advising clients on contractor performance and payment issues.
  • Represented owner in lawsuit alleging negligent construction and breach of warranty claims against general contractor in connection with failures of multiple mechanically stabilized earthen retaining walls.
  • Represented owner in connection with termination of general contractor on two major construction projects and subsequent negotiations with surety for completion of work.
  • Resolved nearly $1 million in delay claims made by sitework contractor for less than $100,000 based upon no damages for delay clause in contract.
  • Assisted client in complying with Davis-Bacon and related Acts in connection with receipt of funds under the American Recovery and Reinvestment Act, including revising contracts, advising with respect to owner’s oversight obligations, and participating in negotiations with U.S. Department of Labor, general contractor and subcontractors with respect to investigations by Department of Labor.
  • Represented major food processing company in connection with negotiation of design-build contract for multi-million dollar expansion and renovation of manufacturing facility.
  • Represented general contractor in connection with claims arising from flooring defects in commercial building; resolved claims by owner against general contractor, claims by general contractor against material supplier, and payment claims by flooring subcontractor against general contractor.
  • Represented electrical subcontractor in connection with filing and foreclosing upon more than one dozen liens against subdivision developer.

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