Construction
Making it in the construction industry requires a solid foundation of regulatory knowledge, business savvy, and practical industry experience. You need legal counsel who can anticipate problems, remove barriers, and help you achieve project goals. With a team spanning offices across the country, decades of experience in construction transactions and litigation matters, and a deep bench to draw from, Dykema’s construction team delivers results.
Dykema “draws on its impressive construction knowledge” when providing counsel. (Chambers USA: America’s Leading Lawyers for Business)
No two projects are the same. Dykema has wide-ranging transactions and dispute resolution experience up and down the chain of contracting. Our lawyers work with lenders, owners, contractors, subcontractors, suppliers, and sureties to avoid, and when necessary resolve, disputes. Our projects include:
- medical facilities
- schools
- office buildings, retail centers, and parking structures
- industrial and manufacturing facilities
- multifamily buildings and housing developments
- power plants
- sports arenas
- brownfields
- remedial projects
Construction Transactions
- We advise with respect to design, procurement, and construction of projects related to data centers and infrastructure for client facilities. Examples include:
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- counseling 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
- reviewing and advising with respect to other agreements, such as power purchase agreements
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- We serve as general counsel to the developer of a modern streetcar transit project in Detroit being developed through a public-private partnership.
- We represent a developer in negotiation, construction, operation and maintenance of the world’s largest biosolids disposal facility in public-private partnership with the Great Lakes Water Authority in Detroit.
Construction Litigation
- We represent numerous design professionals, general contractors, subcontractors, owners, lenders, and suppliers in defense and prosecution of claims relating to:
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- damages for delay
- differing site conditions
- construction change directives
- extra work and cost overruns
- owner interference
- design errors and omissions
- construction lien and bond claims
- payment disputes
- acceleration
- contract interpretation in connection with public and private construction projects
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Construction Surety
- We advise surety companies on performance bond defaults, payment bond claims, takeover agreements, indemnity claims, and subrogation claims.
Construction Defects
- We advise governmental and private business owners and homeowners on claims involving improper or incomplete construction of their facilities or homes and represent of contractors, subcontractors, and design professionals in defense of claims for defective construction and design.
Professional Errors and Omissions
- We counsel design professionals in claims involving allegations of design defects or deficiencies.
Alternative Project Delivery Mechanisms
- We represent construction and design entities involved in alternate project delivery mechanisms such as negotiation and implementation of public private partnerships, including financing, designing, building, operating, and maintaining agreements.
- We have related experience:
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- advising on economic incentives for development of new facilities and infrastructure improvements
- advising on transaction structure and project delivery methodologies
- drafting and negotiating agreements involving design and procurement and EPC
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