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Contractors, developers, lenders and other construction industry clients turn to Womble Carlyle’s multidisciplinary Construction Disputes and Contracting Team for guidance with a wide range of contractual, financing and litigation needs. We serve builders, property owners, product manufacturers and insurance companies in the commercial, industrial, institutional and residential (both multi-family and single family) construction industry.
Good contracts prevent problems, allocate risk, reduce confusion and save time and money. We work with property owners, developers and contractors to structure, negotiate and draft construction contracts, design-build agreements and economic incentive agreements.
Our team has extensive experience with AIA contracts, ConsensusDOCs and other standard industry form contracts, as well as custom contracts.
Once a contract has been signed, we work with our construction clients on ongoing construction issues. We help clients manage the scope of construction projects, contractually managing the change order process to minimize unnecessary changes and keep budgets in check. We also work to resolve conflicts between owners, contractors and sureties before they reach the level of expensive litigation.
We also advise designers, property owners and contractors on legal issues related to green construction, including assisting them with applying for and obtaining sustainability incentives from federal, state and local governments. The Construction team has experience with the LEED certification process.
Our experience includes helping government contractors with construction projects, as well as public-private construction.
We represent property owners, construction managers and contractors in construction-related payment, performance and site conditions claims, including:
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
National building product manufacturers rely on Womble Carlyle for guidance in product liability litigation, including cases concerning siding, engineered wood siding and trim products, elastomeric coatings, metal roof shingles, solder flux, exterior insulation and finishing systems, fire retardant treated lumber, stucco, roofing and other products.
Our experience includes large-scale class action and mass tort litigation. In such cases, Womble Carlyle’s Litigation Support Services, including the Case Management Facility, E-Discovery Team and FirmLogic, provide critical case management, legal and medical/scientific support to improve litigation outcomes and drive down costs. The firm has served (and serves) as national coordinating counsel in class action building products liability litigation.
Our team represents contractors and surety companies in cases involving:
We also represent developers and property owners in performance claim issues.
Should construction problems arise, Womble Carlyle’s Construction Team represents contractors, property owners and developers in construction defect litigation:
Construction-related personal injury claims, including job site injuries. Our litigation focus keeps in mind overall business goals, including the need to contain litigation costs and the importance of regular communication with clients about litigation strategy.
Negotiating and drafting design and construction contracts for an $80 million health care facility on behalf of the owner
Protesting and defending awards of contracts on behalf of service contractors at General Accounting Office and Court of Federal Claims
Representing software developer in sole-source negotiations leading to multi-year service contract and license agreement
Representing construction and technology companies in negotiating teaming agreements for pursuit of government contracts
Advising municipality regarding privatization of defense installation
Negotiating amendment of contract data rights clause to assign rights to software developed under contract to software contractor
Counseling client concerning rights under minimum purchase clause of contract
Advising technology clients concerning novation and assignment issues arising from corporate restructuring
Representing a unit of local government in a multi-million-dollar construction dispute that was mediated over two years to a successful settlement
Settling multiple claims proceedings before Board of Contract Appeals on behalf of developer of Section 801 military housing
Representing a large regional construction company in a wrongful termination arbitration proceeding that resulted in a favorable award
Negotiating equitable adjustment of fixed price contract on behalf of defense contractor
Negotiating resolution of disputed rights under subcontracts on behalf of systems integrators
Counseling on copyright and trademark claims in the context of construction and design
Negotiating conversion of termination for default into termination for convenience on behalf of defense contractor
Representing technology contractor in successful resolution of grand jury investigation of alleged false claims and kickback allegations
Counseling on payment and performance bond issues
Representing defense contractor in successful resolution of inspector general investigation of false claims allegations
Successfully represented synthetic stucco and siding manufacturers in multi-district product liability and class action litigation in multiple states. Also defeated national and statewide class certification (Georgia, Texas, New Jersey) in numerous attempts to certify classes against synthetic stucco manufacturers. Also served as national defense counsel for manufacturers of exterior insulation and finish systems (EIFS) for more than 10 years in defense of hundreds of class actions and individual lawsuits
Litigated exterior building product liability claims and alleged construction defects, including water intrusion claims. Products defended include wood siding and trim products, windows and doors, solder flux, built-up roofing products, elastomeric coatings, metal roof systems and polymer-based coatings
Defended manufacturer of single-ply roof system in cases involving collapses of large commercial buildings in North Carolina, Texas and Georgia. Represented the same company in product liability cases in South Carolina, Mississippi and Tennessee
Represented engineered wood product manufacturer in defense of multiple federal court class action cases.
Won jury verdict defending malpractice claims against architectural and engineering firm involving alleged design and construction defects. Also represented numerous architects and engineers in lawsuits and dispute resolution arising from design and construction of courthouses, jails, wastewater and sewage treatment plants, schools, offices, churches, and manufacturing and industrial facilities
Defended an elastomeric coating product manufacturer in condominium litigation.
Represented building products manufacturers in numerous matters involving multi-million dollar repairs to multi-family dwellings and commercial projects
Advice to building product manufacturers on warranties and other product literature
Defended manufacturer of structural framing members against allegations of manufacturing and construction defects
Womble Carlyle attorney Allen Gibson will take part in a panel discussion on “Managing the Arbitration Process to Reduce Costs Without Sacrificing Positive Results” at the 2016 ACC Annual Meeting.
Allen represents a wide variety of businesses involved in the construction industry.
Daly is this month’s Sustaining Member Spotlight attorney on DRI’s website.