Construction Law Practice

Allen Matkins’ construction law attorneys have experience handling the transactional aspects of major private and public construction projects, as well as resolving disputes arising out of the construction process. Our attorneys work with a wide range of national and international clients, including contractors, real estate investors, developers, owners, construction managers, subcontractors, suppliers, financial institutions, landlords, tenants, architects, and engineers.

We represent clients in the earliest stages of development through the construction phase to resolution. Our attorneys have handled virtually every type of private construction project, including high-rise office buildings, hotels, resorts, golf courses, hospitals, single-family residences, condominiums, apartment buildings, parking structures, sports facilities, stadiums, home additions, and regional shopping centers. Allen Matkins has also handled public works projects ranging from small local parks to multi-million dollar projects, such as toll roads,
schools, universities, dormitories, gymnasiums, dams, reservoirs, highways, bridges, grade separations, and light rail stations.

Because of the depth and breadth of our experience, Allen Matkins’ attorneys provide sophisticated and cost-effective representation. The following are specific areas of our construction practice:

We have successfully represented clients in ADR proceedings involving arbitration, mediation, dispute review boards, facilitated negotiation, private mini-trials, partnering and partnering facilitation, reference proceedings, and settlement conferences.

Government Contracts and Public Works Projects. Government contractors face myriad issues outside of the typical private construction contract. Our attorneys have experience in contracting
with Federal, State, and local government agencies and helping contractors compete for and perform government contracts by providing advice, counsel, and/or representation in connection with:

• Bid, Payment, and Performance Bonds
• Competitive Bidding
• Contract Analysis
• Contract Performance Issues and Claims
• DBE/MBE Issues
• False Claims
• Labor and Employment Issues
• Preparing Bids and Handling Bid Protests
• Prompt Payment Legislation
• Responding to RFP’s or Solicitation of Bids
• Responding to Governmental Audits and Inquiries
• Subcontractor Issues, including Subcontractor Listing Laws, Contract Formation, Disputes, and Subcontractor Substitutions
• Stop Notices
• Surety Issues

Construction Transactions. We have negotiated every type of contract used in the construction process, including manuscript contracts and any of the standard form agreements utilized in the design and construction industry. Our attorneys have significant experience with form agreements published by the American Institute of Architects (AIA), the Engineers Joint Contract Documents Committee (EJCDC), the Construction Management Association of America (CMAA), and the Associated General Contractors (AGC).

Allen Matkins’ transactional attorneys can strategically select the standard industry form agreement most appropriate for a particular transaction, then modify the terms and conditions contained in the standard form to protect the interests of the client, and facilitate the successful completion of the project. Over the years, we have developed expertise in drafting and negotiating almost every type of design and construction agreement.

Labor and Employment Matters. Our labor and employment attorneys represent employers, from Fortune 500 companies with thousands of employees, to companies with only a few employees. The clients we serve are owners, developers, and contractors in the construction industry. Our attorneys have experience in the following construction-related issues:

• Affirmative Action Plans
• Discrimination, Wrongful Termination, and Sexual Harassment
• Collective Bargaining Negotiations
• Drafting Employee Handbooks, Contracts, and Labor Relations Policies
• Grievances
• Litigation by the Division of Labor Standards Enforcement and/or Other Labor Organizations
• Management Training (i.e., effective supervision, hiring/firing policies, handling complaints, sexual harassment, etc.)
• National Labor Relations Act
• Negotiation, Drafting, and Implementation of Project Labor Agreements (PLA)
• OSHA Standards, Claims, and Disputes
• Prevailing Wage Audits
• Secondary Boycotts
• Strikes, Picketing, and Handbilling
• Unfair Labor Practice Proceedings
• Union Elections
• Wage and Hour Compliance

Types of Construction Projects. Knowledge of the technical side of design and construction is helpful in the practice of construction law. Our attorneys are well-versed in the technical and legal aspects of construction projects. Following are the types of projects where our construction law attorneys have specific transactional and/or dispute resolution experience:

In-House Seminars and Training. Allen Matkins’ attorneys provide in-house training and seminars on a number of construction-related topics, which our clients find very productive and beneficial. We regularly customize curriculum to meet the specific educational needs of our clients.

We adhere to the principles of providing clients with the highest quality legal service, cost effective and practical advice, and definitive, practical solutions to the unique issues confronting clients. Allen Matkins helps its construction clients enter into contracts, perform them successfully, and effectively resolve disputes and problems as they arise.