Cozen O’Connor: Construction Law

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For more than 40 years, Cozen O’Connor’s Construction Law Group has represented many of the biggest names in the construction industry on some of the most significant projects throughout the United States and around the world.

We don’t just know construction law, we know the industry, the various players, the economics, culture, issues, and stumbling blocks. Leveraging that skill set, our team offers clients cost-efficiency, creativity, and solutions that work. Our forward-thinking attorneys help shape the industry, empower our clients, and advance their projects, from creation through contract negotiations, development, and project completion. Experienced at every stage, we are passionate about the work we do, driving progress, overcoming hurdles, and guiding clients through the ever-evolving landscape of construction law.

Uncommon Experience

Our Construction Law team advises owners, developers, contractors, construction managers, architects, engineers, subcontractors, and suppliers on large-scale infrastructure and commercial real estate projects, from roads, bridges, railways, and airports to mixed-use developments, health care facilities, and data and distribution centers.

Combining uncommon industry experience, legal knowledge, and litigation skills, Cozen O’Connor’s Construction Law team partners with our clients to identify and mitigate risk. We tackle complex legal issues employing strategies based on each client’s goals and needs, guiding our clients’ projects to successful completion. When disputes arise, our team resolves them before regulators, in public forums, in court, in alternative dispute forums worldwide, and at the negotiating table.

In working with our clients, first we gain a clear understanding of what success means to each client, their goals and objectives. Then, we roll up our sleeves, dig in, and get the job done, anticipating problems, recommending creative solutions, and structuring practical agreements. Whatever their goal, we help our clients optimize efficiency, reduce costs, respond decisively, and communicate effectively with all parties, from ironworkers and masons to executives, engineers, and experts. Throughout every phase of a project, our team works to help clients optimize efficiency, reduce costs, and complete their projects on time.

Leaders in the Field

With more than 60 lawyers practicing in 11 offices throughout the U.S., Cozen O’Connor’s Construction Group has the depth and geographical reach to handle any matter. Our construction lawyers are in the field, on work sites, in boardrooms and courtrooms, offering guidance grounded in decades of immersing ourselves in our clients’ projects. Our group includes former design professionals, engineers, construction company managers, and executives. We offer far more than knowledge of the law. Our team provides first-hand experience and an insider’s perspective into the industry and the issues our clients face.

We have earned a national reputation for skill and tenacity in courts and hearing rooms with lawyers ranked nationally by leading organizations and peer-reviewed publications, including the American College of Construction Lawyers, Chambers USA, U.S. News/Best Lawyers, and The Legal 500. Law360 has repeatedly recognized the Construction Group as a Practice Group of the Year, and our Construction Group is co-chaired by one of the few construction litigators ever invited to be a fellow of the American College of Trial Lawyers.

Projects, Development and Industries Experience

We provide project counseling, handle transactions-related work, and are highly experienced in all forms of dispute resolution across a broad array of projects for clients in wide-ranging industries including:

Commercial and residential construction
Power, energy, and utility
- Power plant construction
- Renewable energy, including solar, hydroelectric, onshore and offshore wind, and LNG facilities
- Wastewater treatment plants
P3s, government, and public contracting
Industrial and manufacturing
Infrastructure, including heavy highway, aviation, and transportation
Mining
Education
- Public and private school projects (K-12)
- Colleges, universities, and higher education
Health care, including hospitals, health care facilities, assisted living, and life sciences
Sports, gaming, and entertainment
Hospitality and retail

The Work We Do

Advisory and Transactions

The foundation of any successful construction endeavor lies in well-crafted contracts. With a deep understanding of the industry, we create contracts that protect our clients’ rights, manage risk, and foster productive relationships. We communicate clearly with all parties and negotiate contracts with precision, ensuring fair terms and efficient project execution.

Dispute Resolution

With myriad moving parts, competing goals, budget constraints, complexities, and large teams involved in construction projects, disputes will often arise. When they do, our team handles them effectively and efficiently to keep projects on track. We listen to clients’ specific needs because a “win” can mean different things in challenging construction and legal environments.

Our team’s trial lawyers handle domestic and international construction disputes, including litigation in state and federal courts, mediation, and arbitration in U.S. and international forums. Some team members serve as arbitrators deciding construction cases and bring a broad perspective to our clients’ arbitrations.

In particular, we are known for our dispute resolution work on large infrastructure projects and have successfully resolved multi-million dollar cases in the U.S. and throughout the world. In addition, the team has extensive P3 experience, including one of the largest P3 cases in the United States.

When litigation is necessary, Cozen O’Connor’s construction litigators are trial-ready advocates — often a deciding factor in a case’s resolution. No one wants to go to trial, but our experience has shown that sometimes the best way to resolve a dispute is to be ready to try it.

Renewable Energy

Cozen O’Connor serves national and international clients on cutting-edge and emerging sector renewable energy construction projects from conception, permitting, regulatory approvals, and compliance to construction, operation, and exit. We are experienced in a wide variety of areas, including off- and onshore wind, solar and photovoltaic, hydroelectric, biomass and biofuels, battery storage, and other renewable energy projects.

Full-Service Capabilities and a Global Reach

The Construction Group has extensive experience in transactional work for developers and owners on a vast array of projects worldwide. Our work spans the United States, Mexico, the Caribbean, the Middle East, the UK, Europe, South America, and Asia.

Our construction clients benefit from experienced and integrated public and private finance, corporate, bankruptcy, environmental, labor and employment, intellectual property, government relations, data privacy, renewable energy, and white collar practices, among others. In addition, the firm’s nationally recognized insurance team regularly advises construction industry leaders on alternative insurance coverage programs, liability and risk, coverage issues, and claims.

List of Services

Our services include:

Project Development

Counseling on project delivery systems, contracting forms, and pricing structures
Preparation of bid documents
Project risk evaluation and review
Counsel on forms of insurance
Formation of owner- or contractor-controlled insurance programs, and captive insurance programs
Counsel on forms of security, including performance and payment bonds, subcontractor default insurance (Subguard™), and letters of credit
Drafting and negotiation of prime contracts (including design-build, EPC, CM at risk, cost reimbursable, and other forms of contract), subcontracts, and purchase orders

Project Counseling and Dispute Avoidance

Project counsel services, supporting the project team during the post-award, execution phase of the project.
Claim evaluation, preparation and defense
Contract, change order, and claim review
Project monitoring and assistance with early claim resolution
Client education and training programs, including contract training at the start of the project
Preparation of template notices, letters and timelines for use by the project team

Litigation/Alternative Dispute Resolution (ADR)

Dispute Review Boards (DRBs) and Dispute Adjudication Boards (DABs)
Statutory adjudication
Mediation
Arbitration (AAA, JAMs, CPR, statutory/court-ordered, and ad hoc)
International Arbitration (ICDR, CPR, ICC, LCIA, and ad hoc)
State and federal court arbitration

Legal Issues/Claims

Breach of contract and contract interpretation
Defective specifications and design
Construction defects and failures (including water intrusion claims)
Change orders and claims
- Differing site conditions, changed conditions, and changed standards
- Delay, disruption, acceleration, inefficiency, and interference claims
- Out of scope extra work
Payment disputes
Bid, payment, performance, and other surety bond claims
Insurance, CCIP/OCIP, and Subguard™ claims.
Mechanic’s liens
Defaults and terminations
OSHA and Americans with Disabilities Act (ADA) compliance