Pepper Hamilton’s Construction Practice Group regularly advises clients in connection with construction, engineering and infrastructure projects around the world.
These matters commonly involve clients located across the globe and construction agreements governed by the laws of domestic and foreign jurisdictions alike.
We work solely with construction clients, affording us unique insight into the industry’s nuances and enabling us to provide thoughtful and innovative counsel on some of the most complex projects in the world. As a result, clients often turn to our lawyers as a single source of advice for project development, project/contract counseling and dispute resolution.
Construction Contract Negotiations
We regularly prepare and negotiate complex international construction project contracts for our clients, including:
We also have experience with various form construction contracts, such as FIDIC, as well as bespoke construction and supporting agreements, and we regularly advise our clients on complex dispute resolution and international arbitration provisions. Because we understand the potential pitfalls clients may face when drafting international construction agreements, we work to address those issues so our clients’ interests are protected.
International Project Counseling
We advise our construction clients on the day-to-day issues that arise in ongoing projects located in jurisdictions around the world — from contract issues to strategic matters. We also are familiar with the questions and disputes that regularly arise in complex international construction projects and are well-positioned to provide clients with tailored and cost-effective solutions to keep their projects on track.
Pre-Arbitration / Pre-Litigation Dispute Resolution
Before pursuing formal arbitration or litigation, many construction contracts require the parties to attempt to settle the dispute through the use of mediation, dispute avoidance/adjudication boards, and other mandatory pre-arbitration/litigation settlement procedures. Our experience with these pre-dispute resolution mechanisms ensures that our clients are in the best possible position to reach a favorable outcome.
International Construction Arbitration
International arbitration is among the most common forms of dispute resolution for international construction projects, as contractors and owners prefer to settle their multimillion- and multibillion-dollar disputes outside of local courts in foreign jurisdictions. We have significant experience overseeing and managing complex international arbitrations under various arbitral rules and institutions, and commonly serve as arbitrators on international arbitration tribunals.
Our experience in international arbitration is complemented by our substantive understanding of the construction industry and the complex issues frequently raised in international construction arbitrations. As a result, we are uniquely able to protect our clients’ interests when they are confronted with the possibility of pursuing or defending themselves in an international arbitration.
Foreign Jurisdiction Litigation
In cases where parties choose litigation over arbitration, we pair with local counsel to ensure our clients have the technical support needed to advance their interests before a foreign court. Although the prospect of litigating a dispute in a foreign jurisdiction may be daunting, our clients see our grounded experience in the construction industry as asset in foreign jurisdictions where access to sophisticated construction counsel may be limited.