POWERFUL ADVOCATES

Construction Law

Construction Law

LEADERSHIP: Michael P. Subak

Pepper Hamilton’s Construction Practice Group has an unparalleled record of resolving complex construction disputes and winning complex construction trials.

Our Construction Practice Group is one of the largest and most sophisticated in the country, ranked nationally by Chambers USA, U.S. News / Best Lawyers and similar publications. Our lawyers counsel clients on some of the biggest, most sophisticated construction projects in the world, and we are aware of no firm that tries (and wins) more complex disputes than we do, in federal and state courts nationwide and arbitration forums domestic and international.  With 15 partners who all have multiple first-chair trial experience, significant bench strength with experienced and specialized associates, a flexible cadre of long-term contract attorneys, and a national network of 13 offices, we have the depth and breadth to try cases of any complexity, anywhere at any time.

And our trial lawyers are specialists.  Our clients and their busy construction staff waste no time explaining the submittal approval cycle, how to read a geotech report, the estimating process, CPM scheduling, cost reporting systems and other basics.  Our lawyers don’t try construction cases as a sideline – construction is our life’s work, just like it is for our clients.

We are proud of our track record of resolving disputes – large and small – well before our clients were forced to incur the costs associated with litigation.  If disputes cannot be resolved informally, however, our adversaries know that we have been there before.

We have deep experience in critical industry sectors, particularly energy, pipelines and other infrastructure, pharmaceuticals and health care, manufacturing and process plants, and offices, hotels/resorts and residential. We are innovators in using project management and process improvement tools to drive efficiencies in matters of all size and type, utilize accurate and predictable budgets, and reduce overall costs.  We leverage our firm’s proprietary software to handle documents and ESI efficiently, finding and using key documents and evidence quickly and reliably.  Our expertise covers transactional and dispute resolution work on private projects, government projects, and private projects with government funding. Our lawyers have handled projects and cases in all parts of the United States – and around the world.

Navigating Issues with Experience

Trying cases is how we first earned our reputation, and is still the cornerstone of our practice. In five years alone, we have handled at least a dozen cases with more than $50 million in dispute. And we don’t just handle cases, we try cases and win them.  We have prevailed in complex construction cases before courts, juries, administrative bodies, and arbitration panels in multiple states and throughout the world.

Our litigation experience informs everything we do – including pioneering the use of tools and techniques to provide more accurate and informed early case assessments, capture the “all-in” costs associated with litigation, and most importantly, identify the core themes and supporting facts that will win a case.It also translates into better results in our contract drafting and project management. We are better able to see problems before they develop, and advise clients on how to draft and administer contracts, how to avoid disputes, and how to resolve them.

We negotiate and document all types of contracts for complex construction projects, such as construction management, construction services, design, design/build, engineer-procure-construct-manage (EPCM), technical assistance agreements and facilities management contracts, as well as for project finance (off-balance-sheet, build-own-operate-transfer) deals. Unlike other firms, every drafter of contracts and adviser on project administration in the group is an experienced litigator – many with technical or design backgrounds. We know how to craft agreements and positions that can stand up to disputes and litigation, since we’ve seen firsthand how contract terms can lead to future problems – so we’re better prepared to prevent them up front and to assess what issues are likely to cause real problems later.

Our Clients

The best in the business trust Pepper. We are proud to represent the largest general contractor, largest specialty contractor and one of the largest design professional firms in the country. We also represent many other Engineering News Record Top 400 contractors or design firms, as well as smaller, regional construction companies and design professionals. And we don’t just represent our clients, we align our interests to be an effective partner in their success through best practices, reliable budgeting and case assessment, and regular reporting of status, strategy and budget.

Risk Management

Pepper’s partnership with Freeh Group International Solutions, LLC (FGIS), a global risk management firm founded by former FBI Director Louis J. Freeh, means that we can serve construction clients who need assistance in business integrity and compliance, facilities and site safety and security, and investigations and due diligence.

Committed to the Industry

Our lawyers have led many construction-related industry and bar association groups, lead or speak at leading industry conferences such as the Construction SuperConference, serve as arbitrators for the AAA and International Chamber of Commerce, and have written some of the leading texts on construction law. This knowledge and experience gives us broad and deep insight into trends and issues affecting the construction industry, and helps us to better advise clients on making the soundest business decision on any matter.