Practice Area: Construction
CONSTRUCTION PROJECTS & CONSTRUCTION DISPUTES
CONSTRUCTION PROJECTS
FisherBroyles’ attorneys have in-depth experience in a broad spectrum of construction issues, ranging from pre-feasibility and feasibility support, and project risk analysis, to tender preparation, negotiation and drafting of project documents, through to construction project dispute resolution. A number of our attorneys have experience in both project development, as well as dispute resolution, and therefore have a practitioners’ appreciation of the whole life cycle of a construction project. Many of our attorneys have worked in the construction markets not only in the USA, but significantly in the Middle East, Africa, the Asia-Pacific region, and Europe.
Our attorneys have construction industry experience in a range of sectors including oil & gas and LNG, power generation, infrastructure development, mining & minerals, and commercial property. FisherBroyles’ specialist construction lawyers also work closely with the firm’s real estate, finance, power, and extractive industries lawyers, providing an all-round advisory service covering all aspects of a project.
We have acted for sponsor-developers, project owners, general contractors, construction managers, engineering consultants, subcontractors, and project lenders, in connection with construction projects ranging from comparatively small-scale and discreet, through to major multi-billion Dollar developments.
We have specialists who have a broad range of construction procurement expertise, covering for example, EPC or turnkey, EPCM, E&P, and build only strategies.
Our attorneys are very familiar with the key types of construction contract used in both the USA markets as well as internationally (in particular, in the Middle East, the Asia-Pacific region, and Africa), including FIDIC, JCT, and AIA, as well as domestic forms. We are very experienced at modifying and tailoring industry standard-forms to comply with the requirements of any specific project.
Oftentimes transactional activities within the construction sector can overlap with or lead into other areas of commercial legal practice. M&A and Finance are two such areas. For FisherBroyles’ experience in M&A and Finance, please refer to our separate practice statements on Mergers and Acquisitions, and Banking & Finance.
CONSTRUCTION DISPUTES
Domestic Disputes
In the USA, FisherBroyles partners defend architectural and engineering firms throughout the country, and their professional liability insurers, to defend against allegations of malpractice as well as offer risk mitigation services before claims arise.
Our partners also have significant experience litigating construction disputes throughout the country, including, issues involving general contractors, subcontractors, sub-subcontractors, architects, engineers, and the like.
FisherBroyles has experience litigating a large variety of construction and design professional claims including, but not limited to: standard of care deviations; building envelope/water infiltration; system failures/building component failures; delay claims/consequential damages; contractor applications for additional time/expenses; building code and sub-code violations; large projects – bridges & tunnels, roadway, elevated roadway; environmental cleanup/remediation; and construction site safety issues.
International Disputes
In the international arena, our attorneys have advised in connection with disputes subject to local arbitration regulation (in particular, in the Asia-Pacific region, and Sub-Saharan Africa), as well as international (commercial) construction arbitration.
With respect to international construction arbitration, we have broad experience in both ad hoc, and also institutional arbitration (for example, ICC, DIAC and DIFC).
The international arbitrations our attorneys have handled have typically concerned issues such as construction project variations, payment disputes, design disputes, extension of time disputes, project delays, defective work and/or materials, and changes to project scope of work.
We have acted for a broad spectrum of types of client, including the project company or project sponsors, contractors and sub-contractors, and project lenders.
