PLG’s Construction Practice provides a full range of legal services to clients in all aspects of construction and government contracting, including:
- Contracting with public and private entities
- Bid protests and award disputes
- Owner/developer project management representation
- Construction administration services and risk management
- Contract interpretation, complex contract claims and surety litigation
- Claims preparation and negotiation
- Contract defaults and terminations
- Delay and inefficiency claims
- Federal procurement issues
- Alternative dispute resolution
- LEED (Leadership in Energy and Environmental Design), and green building
- Bid, payment, and performance surety bonds
- Mechanic's liens
- Patent counseling, portfolio management, licensing, and litigation
Our team assists clients in addressing the legal challenges relating to the design, development, financing, performance and management of major construction and government procurement contracts. Our attorneys have been ranked as leaders in the field by Chambers USA and recognized as a Charter Fellow of the Construction Lawyers Society of America. One of our construction partners served for more than 6 years as Senior Division counsel to the federal corporation of a multibillion-dollar construction, architecture and engineering company.
Potomac Law's full range of practices enables us to offer clients sophisticated legal services that are coordinated and streamlined from coast to coast and internationally. Our attorneys work with Potomac Law's other practice areas to address the many issues associated with any particular project including tax, finance, real estate, environmental, energy and, when necessary, white collar defense, government investigations and regulatory compliance, or any other relevant issue.
Contract Formation and Performance
- Develop contract documents that expressly allocate the risk, responsibility, and rewards for proper performance essential to a successful project.
- Advise owners, developers, prime contractors, subcontractors, engineers, architects, other design professionals, sureties or other project team members, in forming and managing contractual relationships.
- Monitor projects during construction to ensure awareness of issues and potential pitfalls, and to assist in the prevention or resolution of claims.
- Present seminars and written materials to our clients to educate their project managers, superintendents, engineers and others to the common pitfalls encountered on a construction project.
- Review contract forms and procedures so clients are better able to avoid many situations that might result in claims or delays.
- Handle claims, including changed or unforeseen conditions, delays, disruptions, loss of productivity, acceleration, payment disputes, insurance coverage and allegations of defective design or construction.
- Calculate extended project costs and unallocated home-office overhead using industry-recognized formulas, recommending qualified consultants to do so and, where appropriate, working closely with claims consultants to maximize benefits and minimize risks for our clients.
- Where possible, attempting to achieve an early and fair resolution of construction disputes without the expense and disruption of litigation.
- Engage in all forms of alternative dispute resolution, including mini-trials, mediations and arbitrations, and presenting strategies to attempt to resolve disputes promptly, amicably and short of trial.
- When early resolution is not possible, our attorneys have considerable experience litigating complex, highly technical construction claims in trial and appellate courts at state and federal levels, before contract appeals boards and other administrative tribunals.
Government Contracts and Bid Protests
- Provide a full range of services in connection with government contracting at the local, state and federal level, and with international agencies.
- Represent contractors, subcontractors, engineers, architects, suppliers and sureties in the procurement process, including bidding, and bid protests.
- Counsel clients on claims arising under government contracts, including analysis of entitlement and claims pricing issues, and claims notification and certification requirements.
Default/Termination Claims and Surety Practice
- Handle the complex issues and claims arising from contractor and subcontractor default terminations as well as failed construction projects that can result in numerous payment and performance bond claims and default or termination of bonded contractors.
Participation in Construction Industry Groups
Our attorneys participate in, and hold leadership positions in, many construction industry organizations, including:
- Public Contract Section of the American Bar Association
- American Bar Association Forum on the Construction Industry
- American Arbitration Association
- Construction Lawyer Society of America
- The Washington Building Congress
- U.S. Green Building Council's LEED AP Program