Construction Law

Overview

Since the construction industry functions in a landscape of complex regulatory, contractual and business operations issues, it is important to have a partner early on. The Dykema Construction Law team works with clients upfront to anticipate problems, reduce risk, and set the foundation for successful projects and strategic growth. In the end, this proactive process saves our clients valuable time and money. The team's attorneys bring a wide range of relevant skills to the table and are committed to partnering with clients to ask the right questions, remove barriers, foresee issues and facilitate timely and efficient project completion.

A Blueprint for Successful Enterprise

Clients rely on Dykema's depth of knowledge and extensive experience to help set up, negotiate and advocate relationships with key segments of the industry. Our team has the resources, expertise and foresight to help you:

  • Arrange financing for and acquire development sites
  • Ascertain environmental concerns
  • Prepare and evaluate RFPs, bids and bid protests
  • Draft and negotiate agreements with contractors, construction managers, subcontractors, suppliers, developers, architects, engineers, lenders and labor unions
  • Manage local, state and federal regulatory issues
  • Evaluate insurance matters
  • Prepare, prosecute, or defend claims for delay, extra work, cost overruns, non-performance, default, interference and acceleration
  • Investigate and evaluate OSHA issues and site-related accidents
  • Perfect, resist or enforce construction liens
  • Defend or enforce performance bonds
  • Resolve a range of disputes including: structural steel, wall systems, foundations, roofs, mechanical, electrical, plumbing and water treatment systems, sealants, glass, underground pipeline, concrete, remedial action work, demolition, abatement of asbestos and lead paint, and many other industry-related systems and technologies.

Project Involvement

Every category of construction has specialized issues and requirements. Our team's experience reflects an impressive range of project work that allows us to serve a diverse client base.

Our project experience includes:

  • Medical Facilities
  • Schools
  • Office Buildings
  • Industrial Facilities
  • Manufacturing Facilities
  • Retail Centers and Buildings
  • Apartment Buildings
  • Housing Developments
  • Parking Structures
  • Power Plants
  • Arenas
  • Brownfields
  • Remedial Projects

Experience Matters

  • Represent an engineering company in connection with highly engineered projects that are destination leisure facilities.
  • Advising client with respect to design, procurement and construction of many projects pertaining to data centers and infrastructure related to client facilities. Dykema is advising on transaction structure and project delivery systems; drafting and negotiating various agreements, such as large purchase orders, and various design agreements and construction contracts, and development agreements; and reviewing and advising client with respect to other agreements, such as power purchase agreements.
  • Serve as General Counsel to the developer of a modern streetcar transit project in Detroit being developed through a public-private partnership.
  • Represent a bank in a dispute regarding nature and quantity of repairs to be made to a major commercial parking garage located in a vertically subdivided high rise building.
  • Advising client and negotiating economic incentives for development of a new manufacturing facility and related infrastructure improvements. Advising on transaction structure and project delivery methodologies; drafting and negotiating various agreements, including a design and procurement agreement, and an EPC Agreement.
  • Advising client in the day-to-day administration of a major intermodal warehouse distribution facility, and handling and resolving claims as they arise.
  • Assisted an energy company that provides electricity, natural gas and sustainable solutions to residential and business customers sign a deal to design, build and operate a 27-megawatt biogas co-generation power plant in Los Angeles. The Dykema team guided the development of what eventually became (at Dykema’s recommendation) a two-part agreement: one part covering engineering, procurement and construction, and the second addressing operations and maintenance of the facility, once completed. The power plant will help lower emissions and provide a new energy source for one of the world’s 10 largest wastewater treatment facilities.

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