Contracts, Project Documentation and Risk Management

What makes our practice unique? A laser-focus on the transactional side of construction projects — beginning with up-front project agreements, extending to project documentation during the course of performance, and ultimately to project closeout.

Experience

Project Delivery is seeing considerable change and evolution.  Our transactional team is well versed in traditional delivery approaches, as well as less traditional methods, such as:

  • Design-Build
  • Engineer, Procure and Construct (EPC)
  • LEAN
  • Integrated Project Delivery (IPD)
  • Public-Private Partnerships (PPP or P3)
  • Design, Build, Operate and Maintain (DBOM)
  • Design Assist
  • Hybrid Delivery Methods

We work with the full array of related industry documents, including financing, lender consent, guarantee, and data transfer agreements.

We work with general contractors, construction managers, project managers, engineers, owners, developers and other commercial businesses.

Dedicated Team

Contractors, owners and other clients rely on our dedicated transactional team to successfully create the contractual setting for their projects.

Drawing from our experience handling a wide range of disputes – understanding all that can go wrong in construction and infrastructure projects – we prepare and negotiate project documents designed to maximize success.

We protect profits and minimize delays, expenses and disputes — through careful preparation, review and negotiation of construction contracts and other related documents.

Our Contracts, Project Documentation and Risk Management Group draws from extensive experience identifying and managing the risks and opportunities involved in project development and ensure that those issues are addressed in appropriate agreements.

Scale

Our lawyers prepare, negotiate or review well over 1,000 contracts every year. This experience makes us unusually adept at spotting a wide variety of issues — including what’s missing — before a contract is executed. Efficiency and value are optimized; we don’t have to reinvent the wheel, because we have virtually “seen it all”, multiple times over.

Customized Service

We customize our services to the needs of each client. We draft proprietary contracts, modify industry-standard contracts, negotiate and assist in negotiating contracts and specific clauses. We recommend strategies to manage the risk of one-sided contracts and design risk-management training programs for our clients’ teams.

Government Savvy

Government contracts are often non-negotiable, making risk management even more important. We are well-versed in local, state, and federal regulations and procurement practices, and leverage our Government Contracts Group’s substantial knowledge and experience in federal government construction practices and procurement services.

Construction Expertise

We are immersed in the business of construction.

We know the risks, frustrations and concerns faced by those in the industry.

We are the largest construction-focused firm in North America and are highly rated by independent agencies.

Our expansive legal team has prepared, negotiated and defended literally thousands of complex contracts for the construction industry on a variety of matters. I am proud to work with the incredible talent at P&A that proves everyday why the most revered construction companies in the industry rely on us.

SEAN P. RYAN
Partner
New York, NY
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PROFESSIONALS

Related Practice Areas

Insights

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    While the COVID-19 pandemic continues to impact the construction industry as a whole, the geographic location of projects and business operations, like the expansion of the virus itself, is in many ways influencing the ongoing impact and resulting conditions for those projects – whether public or private, large or small.  This Florida COVID-19 Alert for […]

  • How to Manage the Impact of the COVID-19 on the Construction Industry (Presentation Slides)

    How to Manage the Impact of the COVID-19 on the Construction Industry. Presentation in conjunction with Anchin on March 31, 2020. (Presentation Slides)

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    The Department of Homeland Security’s Cybersecurity and Infrastructure Agency (“CISA”), issued Guidance on the Essential Critical Infrastructure Workforce, originally published March 19, 2020 and later updated on March 28, 2020 (“CISA Guidance”). During the COVID-19 response, State and local governments have the power to execute and enforce response activities, while the Federal Government performs a […]

  • COVID-19 Employer Guidance: Expanded Leave Under Federal, NJ, NY/NYC Laws and Layoffs (Presentation Slides)

    COVID-19 Employer Guidance: Expanded Leave Under Federal, NJ, NY/NYC Laws and Layoffs. Presentation date March 30, 2020 (Presentation Slides)

  • COVID-19 Employer Guidance: Workplace Safety – OSHA, CDC, and Virus Testing (Presentation Slides)

    COVID-19 Employer Guidance: Workplace Safety – OSHA, CDC, and Virus Testing. Presentation date March 26, 2020 (Presentation Slides)

  • Coronavirus (COVID-19) Impacts Access to Working Capital Under Credit Facilities

    The Coronavirus (COVID-19) pandemic has, or likely will have, negative economic consequences for many, including companies facing significantly reduced cash flow and unprecedented liquidity concerns as they attempt to meet obligations like payroll.  Companies may need to utilize their credit facilities for working capital. While the access to credit facilities is critically important, the negative […]

  • The Discoverability and Admissibility of Plaintiff’s Prior Complaints of Discrimination Against Non-Party Employers

    This article first appeared in For The Defense and is linked HERE. When an employer is sued for employment discrimination and is facing trial, one common evidentiary fight is whether the employer will be permitted to introduce evidence of other claims of discrimination or harassment that the plaintiff has made against former or subsequent employers. […]

  • Employer Guidance – Coronavirus Workplace Safety, Employee Screening and CDC/OSHA Compliance

    Employers nationwide are struggling to cope with the developing situation regarding COVID-19. OSHA and the CDC have issued preliminary guidance for employers and workplaces in coping with the instant epidemic.   OSHA’s complete guidance on preparing workplaces for COVID-19 is available HERE. The CDC’s interim guidance for businesses and employers is available HERE. In this alert, […]

  • Warren Friedman Published in Daily Business Review/Law.com

    Warren Friedman‘s article, “Here’s Some Guidance for Construction Contractors About Mitigating Coronavirus Risks,” was published in the Daily Business Review/Law.com on March 27, 2020. As work on some construction projects in South Florida has been suspended, it is likely more suspensions will follow. Friedman discusses what contractors can do to avoid losses due to the […]

  • Families First Coronavirus Response Act

    In a time when multiple new regulations and guidance from the Federal Government, as well as Executive Orders from states and counties abound, one new piece of federal legislation – the Families First Coronavirus Response Act (the “Act”) – deserves attention from every industry. Signed into law on March 18, 2020, the Act – which […]

  • COVID-19 Impacts on Federal Government Contracts – Protecting Your Rights Associated with Delays & Suspensions of Work

    The Coronavirus (COVID-19) is impacting the construction industry in both the public and private sectors. A recent Associated General Contractors online survey revealed that more than a quarter of the respondents have already been directed to halt or delay work on a project. See Associated General Contractors, Data Digest, Vol. 20, No. 11, March 23, […]

  • GENERAL COVID-19 (CORONAVIRUS) GUIDANCE FOR EMPLOYERS

    This memorandum provides the background guidance, a summary action-plan, and an appendix with resources from the CDC, OSHA, and the EEOC. For more specific local information, please be guided by information being issued by your local public health offcials and state and local authorities. Laws and guidance are evolving rapidly and may be subject to […]

  • Planning Now to Prove Your COVID-19 Damages and Delays Later

    Right now, your construction projects may be in a state of uncertainty and flux as a result of the COVID-19 outbreak, but in the future, you may need to be specific about added costs and time lost to secure time extensions and recoveries.  Action now may be enormously helpful in the future. Many contractors are […]

  • Gary Stein Quoted as Source in Daily Business Review/Law.com Article

    Gary Stein was quoted in an article titled, “South Florida Builders Active, But Pipeline Stalls Amid Coronavirus”, which appeared in the Daily Business Review/Law.com on March 19, 2020. Stein was quoted a number of times throughout the piece, stating “In the construction industry, time is money. So if there is a suspension of a project […]

  • You’ve Been Suspended – Were You Ready?

    “Effective tomorrow … the City is suspending all regular activity at construction sites in Boston.”  This was just one of the surprises that greeted contractors last week.  Contractors and owners with projects across the country are scrambling to comply with mandated governmental suspensions.  Project participants should begin contingency planning for possible project shutdowns. Reacting to […]

  • Richard R. Volack Quoted as Source in Construction Dive

    Richard R. Volack, Chair of the firm’s Cyber Security & Data Privacy practice, recently discussed how construction companies should react to a hack with Construction Dive. He urges every company to have a response plan, insurance, and a relationship with a data analyst who can quickly help investigate the magnitude of a hack. Construction Dive

  • Coronavirus (COVID-19) – Guidance for Contractors

    The Coronavirus has been the subject of an extraordinary amount of media coverage since the start of 2020.  As we approach the end of the first quarter of the year, its impact on local and global economies and our way of life cannot be ignored. This Alert will provide the construction industry with guidance and […]

  • PROMISSORY ESTOPPEL – Your friend when asked to do change/extra work with no written change order 

    The Problem: Have you ever run into the following situation:  The Project Owner insists on performance of change or extra work with no written, signed change order, with a promise to provide you as General Contractor or CM with a change order later.  You remind them that the contract requires a written, signed change order […]

  • NLRB Issues Final Rule Providing Clarity on the Factors Governing Joint-Employer Status

    On February 26, 2020, the National Labor Relations Board issued its final rule governing joint-employer status under the National Labor Relations Act (NLRA). The final rule restores the joint-employer standard that was applied for several decades prior to the 2015 decision in Browning-Ferris, giving greater clarity and guidance. The new rule will benefit employers in the […]

  • In Memoriam: Joseph (“Joe”) Reisman

    Joe Reisman, retired partner and father of our Vice Chairman, Stephen Reisman, passed away peacefully on February 26, 2019 at the age of 91. Well-known in and beyond the South Florida real estate, construction and legal communities, we remember Joe fondly as an engaging, kind, and brilliant individual – an example of the “consummate gentleman”. […]