Construction

Attorneys in Pierce Atwood’s nationwide construction practice group represent builders, developers, contractors and subcontractors, design professionals, suppliers and those involved in the design and build process. Our industry-focused team has extensive experience at every step in the project development process from advising on the appropriate form of project delivery, financing, negotiating and drafting contracts to permitting, advising on construction insurance issues, securing prompt payment, and successfully arbitrating and litigating construction disputes.

Courtroom or construction site, our lawyers know the law and they know the industry. We have represented construction industry clients for more than 30 years, in both small and large-scale public and private sector projects. We stay up-to-the-minute on issues impacting the industry by serving in leadership positions in industry trade groups, testifying before state legislatures on matters impacting the industry, and regularly publishing and speaking on today’s critical, cutting edge issues.



Arbitration Success

We secured an arbitration award in excess of $5 million on behalf of a general contractor.

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SUCCESS

Axenics, Inc. v. Turner Construction Company

We successfully defended our clients Turner Construction Company and Stryker Biotech in a case that settled important issues of contract and evidence law affecting New Hampshire litigants.

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Large Public Works Project

We represented a joint venture road/bridge builder in mediation with state and federal authorities.

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Construction Defect Claims

We represent general contractors, property developers and engineering firms in connection with several commercial and residential construction defect claims throughout Rhode Island.



Surety Success

We defended a general contractor’s surety in a multimillion dollar case involving failed concrete panels in a water treatment plant in Vermont. The matter was resolved without trial.

Areas of Expertise

Contract Preparation, Negotiation, and Review
Our construction group is experienced with drafting, negotiating and reviewing written forms of contract for all construction project players. We work with industry accepted standard forms of agreements, such as the contract documents developed by the American Institute of Architects, and help our clients develop their own standard forms of agreements. In this capacity, we represent developers, universities, hospitals, general contractors, architects, engineers, construction managers, general contractors, design-build contractors, joint ventures, subcontractors, and suppliers with their written agreements.
Construction Litigation, Arbitration, and Mediation
Few construction projects are completed without some problems. We have decades of experience representing general contractors, owners, subcontractors and suppliers and helping them sort out these problems and get their projects back on track whenever possible. Our construction litigation experience covers all aspects of the construction process including:
  • Preconstruction issues, including advice on drafting and interpretation of construction agreement
  • Midstream informal dispute resolution and problem solving
  • Post-construction claims litigation, including hearings before arbitrators and mediators, and in-court litigation
Bid Protests
Our attorneys represent builders and contractors in preparing and filing protests in connection with public bidding issues.
Contract Disputes
Construction projects often involve many different participants, and our attorneys are experienced in representing all parties in asserting and defending claims. We handle all aspects of contract disputes from simple breaches, delay damages, wrongful termination, and abandonment to tort-based claims including negligence, fraud, misrepresentation, false claims, slander, libel, misappropriation of trade secrets, etc.
Surety
We represent both sureties and claimants in a broad range of matters including advice on contract, surety bonds, and general agreements of indemnity as well as prosecution and defense of fidelity, surety, and indemnity claims.
Mechanic's Liens
We assist owners, contractors, engineers, and architects with the statutory mechanic’s lien process in the jurisdictions in which we practice. The mechanic’s lien remedy is a powerful tool for those who improve real property. In most jurisdictions, the mechanic’s lien statute will be strictly construed, meaning that the procedures must be followed closely. There are unique filing requirements and other steps that contractors must perform in each jurisdiction to preserve their mechanic’s lien rights. Conversely, there are a variety of options property owners may employ to dispose of and/or defend against mechanic’s lien actions.