Construction Law

With any project, the specific terms of the written contract can make the difference between success and failure. Unfortunately, “getting the contract right” up front frequently receives the least time, attention and resources of any aspect of planning the work; yet, a single misstep can cost millions of dollars to fix and spell financial disaster for those involved.  In the construction industry, you simply cannot over-invest in your contract review process.

Coon & Cole can help your construction business or project save time and money, reduce risk, and keep out of protracted and expensive litigation through careful contract drafting and review.  Because construction litigation is a backbone of the firm, Coon & Cole offers clients unique perspectives on current and future construction law “hot button” issues, adding value to the contract drafting and review process.  We routinely work with many different types of contracting forms, including AIA and DBIA documents, as well as certain municipal/government contracting forms and regulations.

Coon & Cole also assists numerous clients with effective construction contract administration, providing regular and timely counsel to improve decision making and processes in the office and out in the field.  Whether it’s change order management, pay applications and lien waivers, or any of the multitude of other issues arising every day in construction, we are here, ready to assist you with your legal questions.

The Firm routinely represents clients in resolving contract disputes. We assist clients in preparing claims, providing advice of the client’s rights under the contract documents, providing notice of claims and reservation of rights letters, navigating close-out matters and equitable adjustment claims, and insurance and surety issues.

We handle all types of construction and construction-related litigation disputes, including but not limited to:

• Bid protests
• Mechanic’s liens
• Stop-work orders
• Change orders, constructive change directives (CCDs), T&M or force accounts, constructive changes and cardinal changes
• Termination (for cause or convenience)
• Cost overruns
• Differing site conditions
• Delays
• Backcharges and setoffs/offsets/recoupment
• Scope of work and “reasonably inferable” work
• Liquidated damages
• Indemnification
• Payment and performance bond claims (e.g., Little Miller Act)
• Prompt Payment Act claims
• Negligent design
• Construction defects
• Warranty claims
• Equitable adjustment
• Partnership or joint venture disputes

We have argued countless construction disputes in just about every forum imaginable, including state and federal courts, AAA arbitration proceedings, mediations, informal alternative dispute resolution channels and via direct negotiations.  While our goal is always the same in every case – to deliver the utmost value and the most favorable results possible to our clients – we realize that because each case is different, each requires its own unique, customized strategy.

If you’re looking for a “one-size-fits-all” approach to litigation, you won’t find it at Coon & Cole.  Conversely, if you want to work with lawyers who will take the time to learn about your business, your project and your particular dispute, who aren’t afraid to leave the comfort of their offices to get their boots dirty and attend a site visit, and who are passionate about the roles they play in helping their clients get projects built, welcome to our Firm – we’d love to work with you.