Construction

McGuireWoods represents all key project stakeholders — public and private owners, engineering and design firms, construction managers, EPCs, subcontractors, material suppliers and infrastructure investors — in all aspects of complex construction projects. Our team provides comprehensive service, from preparing and negotiating agreements, to managing contracts and mitigating risk during construction, to litigating complex construction disputes throughout the United States and internationally.

Our team successfully represents clients in mediation, arbitration (JAMS, AAA, ICC) and litigation in state and federal courts. Our experience encompasses sophisticated claims concerning delay and inefficiencies, force majeure, defective construction, structural failure, incomplete and defective design, environmental hazards, terminations for default and convenience, payment and performance bonds, and post-completion warranty issues, among others. We are conversant with Critical Path Method scheduling and the sophisticated tools used to analyze project schedules. We have close relationships with the most reputable consultants and expert witnesses on issues related to design and engineering, delay and disruption, and economic damages. We work hand-in-hand with McGuireWoods’ nationally ranked insurance recovery team to help clients get the most from their insurance programs and coverage, including litigation against insurance companies and sureties to maximize recovery under clients’ policies and bonds.  

Our team also has extensive experience drafting and negotiating complex construction agreements. We work with all forms developed by the industry’s major professional and industry groups and are familiar with the risks inherent in all contract types, such as cost-plus, design-build, lump-sum, time and materials, and all their derivatives. We have drafted hundreds of stand-alone agreements tailored to clients’ specific needs, including EPC contracts, contracts with government entities (state and federal) and others.

Unique to our practice, McGuireWoods’ construction team remains closely engaged with our clients after contracts are executed and construction begins. Our lawyers work alongside project managers and their staff to identify problems early, ward off legal distractions and keep projects on track. We become intimately familiar with our clients’ contracts and the obligations and process-related requirements that stem from them. We are on call to respond to the myriad issues that arise during project execution, including change orders, delay notices, schedule disruption, questions about work scope, supply chain and subcontractor concerns, and insurance coverage.

construction brochure

Our team of more than 40 lawyers provides cradle-to-grave construction service — from contract preparation and negotiation to project management advice and disputes in all forums — and has extensive experience with a variety of complex projects across multiple industries, including industrial infrastructure, renewable energy, oil refineries, pipelines, powerplants, battery storage facilities, LNG facilities, mixed-use and multi-family developments, telecom networks and facilities, data centers, aerospace, transportation systems and PPP projects.