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Construction

Faegre Baker Daniels has one of the deepest benches of construction lawyers in North America. Our team includes big names like Patrick J. O'Connor Jr., who co-authored the authoritative, 12-volume treatise, Bruner & O'Connor on Construction Law, published by the West Group — and Peter C. Halls, who has contracted one out of 10 renewable energy projects in the U.S. We are on the front lines of merging traditional construction with the installation of industrial computers and software. We use technical mediation without lawyers to resolve disputes. And we took integrated project delivery to the next level by inventing the project counsel model.

Project Structuring

We advise on project structuring and have experience in every type of delivery method — from design-bid-build to integrated project delivery. But we don't constrain clients to the traditional options. We innovate, create and build on traditional project structuring models to meet each client's unique needs. Our project structuring advice has saved clients billions of dollars in construction costs on projects nationwide.

Construction Contracts

Smooth project completion is a top goal for clients. With this understanding, we draft and negotiate all types of construction and design agreements to mitigate risks. Good contracts not only protect our clients' rights but also help them avoid and resolve disputes. We are knowledgeable on standard industry contract forms. But we also have extensive experience with more specialized contracts — such EPC and BOP agreements, design-build agreements, joint venture agreements, PPP transaction forms and bidding, and procurement documents. We also draft and review documents for use during and after construction, including lien waivers, claim notices, change orders, contract amendments, termination agreements, warranties and mechanic's liens.

Integrated Project Delivery (IPD)

IPD is a cutting-edge construction project delivery method that integrates people, systems, business structures and practices into one collaborative approach. In its most effective form, IPD involves a multiparty agreement, including the owner, general contractor, lead designer, and key subcontractors and design consultants.

On IPD projects, FaegreBD serves as project counsel, acting in the best interests of the project itself, not as the lawyer for a particular team member. The project counsel role addresses two realities unique to IPD:

  • Multiple parties are directly participating in design and construction activities well before finalization of project scope and contractual documents.
  • Project risks and benefits are being cooperatively negotiated and finalized during the life of the project.

We have developed a proprietary IPD contract that utilizes economic incentives through shared risks and rewards, limitations on claims between IPD team members, a focus on BIM technology and lean construction, and a high degree of collaboration from early design through project completion.

Construction Disputes

When construction disputes arise, we take an aggressive but problem-solving approach to resolve them quickly, consistent with clients' goals. We have advised on issues of delay, disruptions and acceleration, construction and design defects, differing site conditions, mechanics' liens, changes, surety and insurance issues, warranties, damages and contractual interpretation.

Insurance and Bonds

We advise clients on insurance programs for projects of all sizes and represent contractors and owners in the full range of disputes arising from insurance contracts. Our lawyers have extensive experience forcing property and casualty insurers to honor their coverage obligations, including those for work site injuries, wrongful death suits, and losses allegedly caused by defective work or negligent subcontractors. We negotiate, arbitrate and litigate against insurers to secure coverage for policyholders, large and small. We also have represented owners and contractors to draw on performance bonds and recover when contractually required insurance coverage is not provided.

Contact

Patrick J. O'Connor Jr., Minneapolis
+1 612 766 7413
Mark A. Voigtmann, Indianapolis
+1 317 237 1265


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