dcsimg Construction

Construction

McGuireWoods helps clients in the United States and internationally with the legal aspects of complex construction projects. We have represented all major constituencies in building-related projects, including public and private owners, engineering and design firms, construction managers, prime contractors and subcontractors, material and equipment suppliers, sureties and financers. 

We regularly advise clients on projects involving airports, hospitals, prisons, infrastructure, industrial/manufacturing plants and factories, high- and mid-rises, shopping centers, apartment buildings, condominiums and residential communities. We have extensive experience in the construction of energy plants, including power plants (ranging in size from small distributed generation installations to large nuclear power), oil and gas platforms, shale gas processing and liquefied natural gas (LNG) facilities.

Our construction lawyers’ backgrounds relate to construction issues, including insurance and risk management, tax law, energy regulatory, intellectual property protection, licensing and infringement, transactional, project finance, environmental, real estate and land use law, and land in congressional and governmental agency relations. Our large labor and employment law practice has handled the full range of issues on behalf of clients in the construction industry, including unions, double-breasting, minority business enterprises, discrimination, immigration, and ERISA issues.

Construction Transactions

A strong contract serves as the foundation of any construction project. In negotiating and documenting construction contracts, we have worked with all of the forms developed by the industry’s major professional and industry groups, including those of the American Institute of Architects (AIA), the Design Build Institute of America (DBIA), the Associated General Contractors (AGC), the Engineers Joint Contracts Documents Committee (EJCDC), the Construction Management Association of America (CMAA), and the Fédération Internationale des Ingénieurs-Conseils (FIDIC).

We also advise clients where standardized industry forms are typically not employed, including customized documents developed for industrial and energy applications. In addition, we have drafted hundreds of stand-alone contracts that help protect clients from various forms of project risk. Our lawyers understand that timely negotiations are mandatory in helping projects stay on track, and can quickly evaluate draft agreements, assess the risk allocation in those documents, and provide alternative language to reallocate such risks.

We understand the range of delivery options available to developers and service providers, including design/build (D/B), design/build operate maintain (D/BOM), build-own-transfer (BOT), build-own-operate-transfer (BOOT), general contractor, multiprime projects, construction manager (CM), program manager (PM), and engineer-procure-construct (EPC or turnkey) agreements — and the risks inherent in each. We are also experienced with issues relating to bidding documents, completion guarantees, performance guarantees, construction lending, credit enhancement, mechanics’ liens, and similar remedies.

Public private partnerships (P3s), privatization and other initiatives of U.S. and international agencies and lending institutions (such as OPIC, the Export-Import Bank, and other international and U.S. governmental organizations) can have a significant impact on the construction process. We have helped numerous clients address the issues that arise when working on projects involving agencies and domestic and foreign governments. Colleagues in the firm’s congressional and government agency relations practice (McGuireWoods Consulting) often assist our construction team in fostering such business opportunities for clients, as well as with bidding and procurement issues. We are trail blazers in crafting P3 transactions, and, in fact, members of McGuireWoods Consulting developed model P3 legislation which has now been adopted in several states.

Construction Litigation

McGuireWoods lawyers have handled construction matters before all tiers of the state and federal court system, and before state and federal administrative agencies and contract appeals boards. We have also participated in domestic and international construction arbitration proceedings of all types, including private and court-supervised, commercial and labor actions. We have a long history of representing clients in arbitration and mediation, and several of our lawyers also serve as active arbitrators and mediators through various alternative dispute resolution organizations.

We have significant experience with the issues that traditionally arise in construction disputes, including defects and claims for extra work, as well as delay and disruption issues. We have handled claims involving sophisticated scheduling analysis and project controls used to prepare and prosecute claims for additional compensation, extensions of time, relief from imposition of liquidated or actual damages, and default termination. We have also prosecuted and defended force majeure claims.

Our lawyers help clients calculate extended project costs and unallocated home-office overhead, using the Eichleay and similar formulas. We have handled claims arising from incomplete or defective design (warranty of specification suitability), inadequate and uncoordinated project management, excessive changes (cardinal change), impossibility and commercial impracticability, differing site conditions, slope and shoring failures, and other soils-related problems.

We have also represented clients against and in pursuit of claims involving denial of site access, defective materials and equipment, improper inspection, failures of concrete and other structural elements, safety violations, rejection and repair of nonconforming work, inadequate crew-loading, environmental hazards, terminations for default and convenience, mechanics’ liens, stop notices, payment and performance bonds (including federal Miller Act and state Little Miller Act bonds), and post-completion warranty issues.

CONTACTS

John D. Wilburn Team Leader T: +1 703 712 5372
M. Melissa Glassman Partner T: +1 703 712 5351
Mark J. La Fratta Partner T: +1 804 775 1106
George Keith Martin Partner T: +1 804 775 1057
Results 1-20 of 59
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RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

One of the largest producers and transporters of energy in the United States

Represented one of the largest producers and transporters of energy in the United States in the development and construction of three new mid atlantic Marcellus shale processing facilities in West Virginia and Pennsylvania.
Representative Matter

National footware retailer

Represented owner/developer of rooftop solar generation in North Carolina.
Representative Matter

Developer, owner of clean energy projects

Represented a developer/owner of two landfill gas fired projects in Rhode Island and California.
Representative Matter

One of the largest producers and transporters of energy in the United States

Represented one of the largest producers and transporters of energy in the United States for steam and gas turbine replacements at three power stations.
Representative Matter

One of the largest producers and transporters of energy in the United States

Represented one of the largest producers and transporters of energy in the United States in an EPC contract at a Virginia-based nuclear plant.
Representative Matter

Port terminal facility

Represented owner/developer of rooftop solar generation in an EPC contract in Maryland.
Representative Matter

Fortune 200 bank

Represented Fortune 200 bank in all aspects of design and development contracts for new corporate campus including office buildings, garages and recreational amenities.
Representative Matter

Fortune 500 healthcare company

Repesented Fortune 500 healthcare products company in all aspects of design and development contracts for new corporate office complex.
Representative Matter

Health insurer

Represented regional health insurer in negotiating and drafting contracts related to design and construction of corporate office expansion.
Representative Matter

Public university support foundation in Virginia

Represented a public university foundation in zoning, negotiating and drafting a design-build agreement for off-campus student apartments and a development agreement between the university and the design-builder for an on-campus living/learning center and dining facilities.
Representative Matter

Regional private hospital

Represented a regional private hospital in Virginia in negotiating and drafting of design and construction-related contracts for replacement hospital and medical office facilities.
Representative Matter

Leading pork producer and processor

Represented a leading pork producer and processor in negotiating design-build contracts for expansions of a warehouse facilities and two production facilities.
Representative Matter

Virgina public service authority

Represented a local public service authority in negotiation and drafting of interim and comprehensive agreements for design and construction of upgrades to wastewater reclamation facility under PPEA.
Representative Matter

Excavation contractor

Represented an excavation contractor in a $1.1 million dollar verdict. Client was the site contractor on a project for defendant’s construction of a new facility in Martinsville, Va.
Representative Matter

EPC contractor

Represented an EPC contractor in a multimillion-dollar settlement. Client was the EPC contractor for a major upgrade at an oil refinery. Client initiated arbitration to recover amounts related to additional work performed on a project as a result of changes initiated by the project owner and project manager.
Representative Matter

Industrial contractor

Represented industrial contractor in an arbitration award of more than $800,000. Client was the roofing subcontractor for a construction project and initiated a claim to recover amounts related to extra work performed on the project.
Representative Matter

Mechanical contractor

Represented the mechanical contractor in litigation arising out of a 2 x 250 megawatt circulating fluidized bed power plant. The joint venture EPC contractor had threatened to assess multimillion-dollar back charges against the mechanical contractor, essentially barring any further payments on the project whereas the client asserted numerous claims for delay, extra work and interference by the EPC joint venture.  
Representative Matter

Fortune 500 gas and electric utility

Representation of a Fortune 500 gas and electric utility in a condemnation matter in which client sought order confirming right to exercise eminent domain authority and preliminary injunctive relief for immediate possession of easements necessary for construction of natural gas pipeline pursuant to authority under the Natural Gas Act. This was a case of first impression in Maryland.
Representative Matter

Owner of a steel plant in Sheppey, Kent

Representation of the owner of a steel plant in Sheppey, Kent in defeating an injunction application brought in the London High Court by the landlord of the steel plant site. The injunction was intended to prevent client from selling off at auction certain wheeled assets and equipment that was surplus to its requirements, and the injunction would have caused the client a severe cash flow crisis had it been successful.
Representative Matter

One of the largest producers and transporters of energy in the United States

Representation of purchaser in the acquisition of seven project companies for the development of six separate solar energy projects, and a transmission line to serve two of those projects.
Results 1-20 of 59
Results 1-25 of 61
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Scott E Adams Scott E. Adams
Associate
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5461
F: +1 703 712 5278
vCard
Brad Alexander Brad L. Alexander
Sr. VP and Director, Georgia Gov. Relations McGuireWoods Consulting LLC
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5811
F: +1 404 443 5682
vCard
Hubert André-Dumont Hubert André-Dumont
Partner
rue des Colonies 56 - box 3
1000 Brussels

T: +32 2 629 42 60
F: +32 2 629 42 22
vCard
A. Carter Arey A. Carter Arey
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2241
F: +1 704 444 8818
vCard
Tracy Baynard Tracy M. Baynard
Sr. VP, Infrastructure and Economic Development & Gov. Relations Services McGuireWoods Consulting LLC
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5083
F: +1 703 712 5225
vCard
Thomas Becket Thomas L. Becket
Partner
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 315 8220
F: +1 310 956 3120
vCard
Kenneth D Bell Kenneth D. Bell
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 4620
F: +1 704 373 8836
vCard
Jonathan T Blank Jonathan T. Blank
Partner
Court Square Building
310 Fourth Street, N.E.
Suite 300
Charlottesville, VA 22902-1288

T: +1 434 977 2509
F: +1 434 980 2258
vCard
Anthony Carna Anthony J. Carna
Associate
EQT Plaza
625 Liberty Avenue
23rd Floor
Pittsburgh, PA 15222-3142

T: +1 412 667 7932
F: +1 412 667 7948
vCard
Randall Clark Randall B. Clark
Attorney
JPMorgan Chase Tower
600 Travis Street
Suite 7500
Houston, TX 77002-2906

T: +1 832 214 9946
F: +1 832 255 6371
vCard
Rick Conner Rick Conner
Counsel
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2137
F: +1 704 444 8790
vCard
William J Cook William J. Cook
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 2750
F: +1 312 698 4536
vCard
Pol Cools Pol Cools
Associate
rue des Colonies 56 - box 3
1000 Brussels

T: +32 2 629 42 16
F: +32 2 629 42 22
vCard
Anastasia P Cordova Anastasia P. Cordova
Associate
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5004
F: +1 703 712 5281
vCard
Kevin J Daniel Kevin J. Daniel
Associate
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5386
F: +1 703 712 5237
vCard
Ann Terrell Dorsett Ann Terrell Dorsett
Counsel
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2212
F: +1 704 444 8733
vCard
Tricia Dunlap Tricia A. Dunlap
Attorney
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1453
F: +1 804 698 2065
vCard
Douglas M Foley Douglas M. Foley
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

World Trade Center
101 West Main Street
Suite 9000
Norfolk, VA 23510-1655

T: +1 202 857 1720
F: +1 202 828 3301
vCard

T:+1 757 640 3715
F: +1 757 640 3957

Gloria L Freye Gloria L. Freye
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1152
F: +1 804 698 2055
vCard
David R Gill David R. Gill
Counsel
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5039
F: +1 703 712 5297
vCard
M. Melissa Glassman M. Melissa Glassman
Partner
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5351
F: +1 703 712 5228
vCard
Marc H Goldsmith Marc H. Goldsmith
Counsel
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 315 8229
F: +1 310 956 3129
vCard
Alan B Gordon Alan B. Gordon
Partner
EQT Plaza
625 Liberty Avenue
23rd Floor
Pittsburgh, PA 15222-3142

T: +1 412 667 7929
F: +1 412 667 7968
vCard
Adam J Greene Adam J. Greene
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8996
F: +1 704 444 8894
vCard
A. Brooks Gresham
Partner
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 315 8291
F: +1 310 956 3104
vCard
Results 1-2 of 2
Speaking Engagement

Atlanta Real Estate Risk Managers Association

Indemnities and Endorsements – Protecting the Owner and Developer in Real Estate Projects

May 28, 2013
Results 1-2 of 2
Results 1-3 of 3
Article

New Public Procurement Rules in the EU

International Construction Law Review
July 2014
Article

Texas Supreme Court Hands Big Insurance Win to Construction Industry

FC&S Legal
January 28, 2014
Pamella A. Hopper, The Insurance Coverage Law Information Center
Results 1-3 of 3