Practice Areas
Practice Areas

Construction Law

Practice Leader: Michael P. Subak

Pepper's Construction Practice Group concentrates on construction, surety and government contract law. The group combines experience and sophistication in construction litigation and counseling with a knowledge of the regulations that govern in contracting with local, state and federal governments, and can handle all aspects of public and private construction litigation and contracting.

Pepper Hamilton LLP Chambers USA badgeChambers USA: America’s Leading Lawyers for Business has selected Pepper Hamilton as one of the top construction law firms in the nation for 2014. According to Chambers, Pepper is, “Widely acknowledged for its expertise in litigating significant and complex construction disputes in the USA and abroad.” Clients cite, “Extraordinary litigation skill in the courtroom.” Additionally, Pepper is one of only two firms ranked in the top tier – Band 1 – for construction in Pennsylvania, with a team that provides “high-level expert advice on complicated construction matters.” Bruce W. Ficken, chair of the firm’s Construction Group, is recognized in the guide as, “highly praised” and “intelligent in all aspects of construction law.” Raymond L. Deluca “has the unique combination of the working knowledge of the industry and the ability to relate on a technical basis.” Ralph A. Finizio “is very insightful and does a very good job at getting to the key matters very quickly.” Michael P. Subak “has a broad construction practice, with a particular focus on litigation. He has represented clients on a range of issues including design defects, labor inefficiency and schedule delays.”  Partner Ira M. Schulman is ranked in Band 1 among construction lawyers in New York. Clients acknowledge he is “attentive,” “timely in his responses” and “very practical in his advice and approach to problem solving.” He is highly rated for his skills in contract negotiation and dispute resolution.

Over the past 30 years, Pepper's construction lawyers have represented contractors, public and private owners, developers, subcontractors, architects and engineers, and sureties throughout the United States and overseas. Members of the group advise and represent clients on matters involving power and other process plants, transportation facilities, heavy and highway construction, airports, bridges, light rail transit, environmental remediation and Superfund clean-up, waste water treatment, high-rise commercial buildings, convention centers, hotel-casinos, schools, libraries, recreational facilities, laboratories, manufacturing and warehouse facilities, hospitals, prisons, underground utilities and postal facilities.

The group represents clients in many state and federal courts, and before federal and state boards of contract appeals. We have negotiated and litigated claims and disputes involving private owners, the federal government, and a number of state government procurement agencies, including those of Pennsylvania, New Jersey, Delaware, and Maryland. We are also experienced in arbitration (domestic and international), and in alternative dispute resolution procedures, such as mediation and mini-trials.

Members of Pepper's Construction Practice Group have written some of the leading texts on construction law, including, among others: Construction Litigation (Practising Law Institute); Construction Litigation: Representing The Owner (Wiley Law); Construction Litigation: Representing The Contractor (Wiley Law); Architect And Engineer Liability: Claims Against Design Professionals (Wiley Law); Design Professional's Handbook of Business and Law (Wiley Law); Construction Industry Formbook (Wiley Law); Hazardous Waste Disposal and Underground Construction Law (Wiley Law); Design-Build Contracting Handbook (Wiley Law); and Construction Law Handbook (Aspen Law & Business). Our lawyers have written chapters in many other authoritative texts and frequently write for professional journals.

We have also spoken at programs of leading industry organizations, including the American Society of Civil Engineers, the Associated Builders and Contractors, the Associated General Contractors, Associated Pennsylvania Contractors, the American Arbitration Association, World of Concrete, the Construction Superconference and the Forbes Infrastructure Conference.

The group's members are active in the Forum Committee on the Construction Industry, its Public Contracts Section, the Construction Litigation Subcommittee of its Litigation Section and in the American College of Construction Lawyers, among other professional organizations. We have also presented courses at law schools, for Bar Associations and the Practicing Law Institute.

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