Representative Engagements - Construction
The construction group regularly advises clients on what “project delivery system”
(scheme of risk allocation, contracting scheme, organization of project team) will
best serve the needs of their particular projects. The group can advise on the entire
project delivery system and help negotiate and draft appropriate contract language
to serve the goal of achieving defined “green” or sustainable goals of the project.
This group has extensive experience in creating contracts to promote or require
integrated project delivery. Historically, project goals were not explicitly to
promote “sustainability” or “greening,” however, the same principles apply in achieving
sustainability or green goals as did in projects that needed integration for other
reasons. This is relevant because integrative design is required in the LEED-HC
draft, and is more widely recognized as a practical necessity if the owner desires
to build a “green” building or other project effectively.
The construction group is well-versed in the practicalities of risk-shifting in
the construction industry, which is relevant when considering how, and to what extent,
the owner can hold individual project participants liable if its green/sustainable
goals are not met.
On the dispute resolution side, the group spends significant time trying issues
of causation and other issues of fact in a construction context – like those that
arise when an owner does not receive Silver certification and everyone is blaming
everyone else.
For example, Pepper represented-a developer in securing environmental permits for
construction of Pennsylvania’s first “green” technology building, using high-technology
to reduce energy consumption, maximize the use of sustainable materials and minimize
indoor air quality hazards; the project was built on a former landfill and serves
as a model for other green building projects.
