Our construction attorneys are highly experienced, hard-working, analytical, and client-focused, and are dedicated to finding the best solution for our construction industry clients, ranging from small, family-owned contractors, to some of the largest general contractors and construction managers in the country, to owners and developers operating on a national scale. Consider the following:
We know contracts: We routinely draft and negotiate design and construction contracts for large, complex projects.
We know construction: We know the industry, the terminology, the technology and procedures, the economics and accounting, as well as the law and the potential pitfalls for disputes.
We know contractors: Having represented contractors of all sizes and specialties for decades, we know how they work; we know how they plan, estimate and schedule jobs; we know their management, accounting and claims procedures; and we know what is important to them and what is not in contract negotiations and in the resolution of claims and disputes.
We know owners: Our experience on large, multi-million dollar construction projects representing owners is extensive.
We know how to prevent and resolve disputes: We have years of experience working directly with key project personnel to avoid disputes and effectively and efficiently resolve, on a “real time” basis, those disputes that cannot be avoided. We are well-versed and experienced in structured negotiation, mediation, arbitration and other forms of construction alternative dispute resolution.
Construction disputes can arise during any building or development project and affect all parties involved in the project. Our attorneys stand ready to vigorously protect the interests of our construction clients in litigation in state and federal courts, and in mediation, arbitration, and other forms of alternative dispute resolution used in the construction industry. We represent clients in all types of claims that can arise in construction, including bid protests, payment claims, mechanic’s liens, design and construction defects, defaults and terminations, delay and impact claims, site safety, changes in the work, differing site conditions, and surety law and bond claims.
Having served as outside counsel to contractors and real estate developers of all sizes, we are uniquely qualified to provide your company with legal services for the standardization of your key partner contracts.
As part of our experience representing owners, contractors and design professionals throughout the industry, we have written and negotiated contracts based on industry standard forms (such as the AIA forms) and have also developed custom contract documents for specific clients and projects. Based upon our experience drafting and negotiating contract documents, as well as our advice and representation of clients in construction disputes, we know what works in a contract and what does not.
A mechanic’s lien allows general contractors, subcontractors, and suppliers that provide labor or materials for the improvement of real property to claim an interest in the property they have improved. Mechanic’s liens are created by recording mechanic’s lien notices with the Recorder of the county in which the property is located. Indiana’s mechanic’s lien statute has strict form, content and timing requirements that must be followed, depending on the type of project in question. If the requirements are not followed to the letter, the right to a mechanic’s lien may be lost. That is why it is important to have experienced construction attorneys who know the mechanic’s lien laws and who can assist with recording (or defending against) a mechanic’s lien claim.
Once the mechanic’s lien is recorded, if the payment dispute is not otherwise resolved, it may be necessary to file a lawsuit to foreclose the mechanic’s lien, in which the court will determine the validity and priority of all interests in the property, including the mechanic’s liens, in a process that can be very complex. It is critical that all parties to a mechanic’s lien foreclosure proceeding have experienced construction counsel who can protect their rights.
Our attorneys have substantial experience representing general contractors, subcontractors, and material suppliers in drafting, recording and litigating mechanic’s liens ranging in amounts from several thousand dollars to several million dollars.
An important difference between public and private construction projects is that the mechanic’s lien remedy is typically not available on public projects. In place of the mechanic’s lien, general contractors on public projects are often required to obtain payment bonds, against which unpaid subcontractors can make claims for payment. Applicable law establishes strict form, content, and timing requirements for claims against payment bonds, depending on the type of project. Because of the complexity of this area of the law, it is important that contractors have experienced construction counsel to assist them with making (or defending) payment bond claims, to ensure their rights are protected.