Construction
Our Construction Law Practice Group is comprised of attorneys who are skilled and truly understand the construction industry itself. We know the issues and we know how to handle them. Within our group, we have the background and skills that demonstrates our focus and experience. Our construction attorneys have unique professional and legal backgrounds that enhance their service to our clients. Our attorneys include a licensed architect, public sector representation and hands-on construction experience. All told, our attorneys have over 100 years of combined experience in the construction industry.
Benesch’s Construction practice is recognized by Chambers®, and the firm is ranked nationally in Litigation-Construction and Construction Law by 2025 Best Lawyers® “Best Law Firms.”
Project Counseling
We have the industry knowledge to match our clients’ capabilities with the appropriate project delivery methodology. Be it a traditional method, to construction management, design-build and EPC, we understand the utility of each. We can also develop the required contracts that match your plan to the precise project delivery system. We understand the risks inherent in the construction industry today and provide contracts designed to manage those risks in light of constantly shifting legal principles. We equip our clients with the best tools to achieve success. We have successfully served as project counsel on almost $2 billion dollars of new construction.
Construction Litigation
Our litigators are known for their well-deserved and impressive reputations, depth and skill throughout the construction industry. Benesch represents various parties, including contractors, owners, construction-related professionals and insurers. We have substantial experience in all types of construction disputes including: bid disputes; subsurface claims; constructive change disputes; extra work claims; delay, disruption and interference claims; workmanship and product failure disputes. We have appeared in federal, state and courts of claims, as well as various board of contract appeals and arbitration forums. Our attorneys also serve as arbitrators and mediators, so we understand what it takes to successfully present and defend claims.
Efficient, Focused on Results
Once a project is underway, our team emphasizes preventative measures. We draw on our experience in alternative dispute resolution methods to handle conflicts quickly and effectively.
Our attorneys are skilled advocates and facilitators in mediations, arbitrations, dispute review boards and litigation. We know how to use each of these forums effectively, and will advise you on the most economical and creative methods to resolve your dispute. When formal litigation cannot be avoided, we are prepared to vigorously pursue our clients’ objectives.
You’ll find that our construction team represents the entire spectrum of construction industry participants. Our clients include public, middle-market and emerging companies, as well as public entities and non-profit organizations. We have first-hand experience in every conceivable building category, including tunnels, bridges, roads, buildings and industrial facilities. From issues dealing with power plants, dams, refineries, sport complexes and highways to residential development and high-rise to low-rise, we attack every project with the same intensity. Our years of experience in large, complicated cases allow us to address our client’s interests at the highest levels. We work with our clients to handle construction issues from start to finish, cooperatively and interactively.
Construction Law Seminar Offerings
Experience
- Represented a construction manager in the successful prosecution of an extra work, delay and disruption claim against a developer on a build to suit regional facility for the FBI. This representation culminated in a full recovery after a multi-week arbitration proceeding.
- Represented a private owner as project counsel in a successful $1.2 billion capital improvement program. The program involved two major facilities, four large facilities, a free-standing parking garage and ten medium facilities. This representation involved the use of design-build, construction manager at-risk and general contractor project delivery methodologies and the preparation, negotiation and monitoring of more than 800 separate contracts with project participants.
- Representing owners as project counsel on a $800 million iron ore processing facility and a $700 million waste to fuel facility.
- Representing a private owner as project counsel on a $300 million capital improvement program to rehabilitate and enlarge a corporate headquarters facility.
- Represented a national engineering firm as coverage counsel in a dispute with its errors and omissions insurer over the applicable insurance limits to be applied.
- Represented an Owner in the successful prosecution of multiple claims against the design professionals, construction manager and material suppliers for deficient paving, roofing and cladding systems.
- Represented a contractor in the successful, sequential prosecution of a significant delay and disruption claim against a public owner and its Engineer of Record on a lift bridge replacement project.
- Represented an interiors subcontractor in the successful prosecution of a delay and disruption claim involving a new hospital project in Statesboro, Georgia. This representation culminated in a very favorable award after a multi-week arbitration proceeding.
- Represented an electrical contractor in the successful prosecution of a $10 million wrongful termination and delay and disruption claim involving the installation of a new aluminum processing facility.
- Represented a public owner in the defense of a tunneling contractor’s $12 million breach of contract claim and the presentation of a counterclaim for the recapture of improperly billed time and material change orders. This representation culminated in the dismissal of the contractor’s claims and the recovery of almost $20 million for the client.
- Represented a construction manager in the successful prosecution of a repair cost claim against its subcontractors and insurer for defective workmanship.
- Represented an Owner in defending a $60 million extra work and delay claim raised by a contractor on an environmental remediation project. This dispute involved a ten-year performance period, millions of project documents and dozens of witnesses which culminated in a successful three-week arbitration hearing.
