Cozen O’Connor: Construction Law

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Cozen O’Connor not only knows construction law — we know the construction industry. We understand the economics, culture, language, and technology that underlie modern building projects.

With more than 45 attorneys practicing in 12 offices throughout the United States, Cozen O’Connor’s Construction Group has the depth and geographical reach to handle our clients’ most complex problems in the United States and abroad. The Construction Group includes attorneys who are 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 recognized the group as a Practice Group of the Year — Construction in 2019 and 2021.

Our attorneys have been in the field, on work sites, and in both boardrooms and courtrooms for more than 40 years, so our legal advice is grounded in that direct, practical experience. We anticipate problems, recommend creative solutions and structure practical agreements. We listen to clients’ specific needs because a “win” can mean different things in challenging construction and legal environments. Whatever the goal, we efficiently analyze the substance of construction-related challenges, help our clients respond in a decisive fashion, and communicate effectively with all parties, from ironworkers and masons to executives, engineers and experts.

In addition to being experienced trial lawyers, our lawyers are also highly experienced in all forms of alternative dispute resolution techniques, including partnering, dispute review boards, mediations, arbitrations, and adjudications. When out-of-court resolution is not attainable, Cozen O’Connor’s construction litigators and arbitration advocates are prepared to go to trial. We have successfully tried cases in state and federal courts, and before arbitration tribunals both domestically and abroad. We have earned a national reputation for skill and tenacity in the court or hearing room. In fact, the Construction Group is chaired by one of the few construction litigators ever invited to be a Fellow of the American College of Trial Lawyers.

And when construction matters intersect with other disciplines, the Construction Group draws on the resources of a full-service, international law firm. Our construction clients benefit from experienced and integrated corporate, bankruptcy, environmental, labor, intellectual property, 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 review, coverage issues, and claims.

List of Services

The Construction Group’s lawyers provide the full spectrum of services necessary to serve owners, developers, contractors, construction managers, architects, engineers, subcontractors, and suppliers, including:

Project Development

Counseling on project delivery systems, contracting forms and pricing structures
Preparation of bid documents
Project risk evaluation and review
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

Projects/Industries

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