Construction
ArentFox Schiff provides a full range of services to companies and individuals in the Construction industry. Across core specialties, our Construction lawyers are helping companies and individuals solve problems, close deals, resolve disputes, and meet their business, legal, and strategic needs.
Overview
ArentFox Schiff advises companies and individuals operating in the construction industry across a range of legal, business, and strategic matters. Projects are shaped by evolving delivery models, complex stakeholder structures, and regulatory considerations that can carry significant financial and operational implications.
Within this environment, legal issues often intersect with project execution, financing, and long-term asset management, requiring careful coordination at each stage of development.
Our Focus
Construction projects often involve multiple parties, layered contractual relationships, and shifting regulatory and commercial pressures. Legal considerations extend beyond discrete transactions or disputes and frequently influence how projects are structured, implemented, and managed over time.
Working with clients across a wide range of project types—including commercial buildings, residential and mixed-use developments, industrial facilities, infrastructure, and sports and entertainment venues—the team provides counsel aligned with project-specific risks, stakeholder dynamics, and operational considerations. This includes projects involving new construction, renovations, and large-scale modernization efforts.
An integrated, industry-focused approach allows the firm to advise on matters that span transactions, project formation, risk allocation, and dispute resolution, while coordinating with broader industry knowledge across multiple sectors.
Focus Areas
Construction & Design Dispute Resolution
Contract Drafting & Negotiating / Contract Administration
What Do We Do
- Advise on the negotiation and drafting of construction, design, and project management agreements across a range of project types
- Serve as construction counsel in connection with new construction, renovation, and modernization projects, including large-scale commercial, residential, and industrial developments
- Provide guidance on construction-related aspects of public-private partnership (P3) projects, including front-end contract structures
- Counsel clients on construction access agreements and coordination with adjacent property owners
- Assist with public procurement processes, including bid packages and construction contract documentation
- Draft and negotiate master services agreements for architecture, engineering, and project management services
- Advise on design-build and other project delivery models
- Provide counsel on construction contract structures for specialized facilities, including healthcare, transportation, manufacturing, and energy-related projects
- Analyze and address issues related to pricing structures, including guaranteed maximum price arrangements, where applicable
- Review and advise on project insurance program considerations
Who We Help
- Owners and developers
- Architects, professional engineers, and interior designers
- Project managers
- Construction managers and general contractors
- Trade contractors
- Institutional and corporate project owners
- Public finance authorities and nonprofit organizations
How We Can Help
Legal support may become necessary at key points in a project lifecycle, including:
- Structuring projects and allocating risk among stakeholders
- Negotiating and documenting design and construction agreements
- Navigating public procurement or regulatory requirements
- Addressing pricing, cost, or performance issues during project execution
- Coordinating multi-party development and infrastructure projects
- Managing renovations, expansions, or modernization efforts across existing assets
Our Experience
The firm has advised on a wide range of construction matters involving commercial, residential, infrastructure, and institutional projects. This includes work across new construction, redevelopment, and capital improvement initiatives, often involving multiple stakeholders and complex contractual frameworks.
Representative matters include:
- Serving as construction counsel to a major financial institution in connection with new construction and renovation projects for corporate facilities
- Acting as construction counsel to an ecommerce company in connection with nationwide development of warehouses and distribution centers, including renovation and modernization of existing facilities
- Representing a developer in connection with the design and construction of industrial warehouses and concrete tilt-up buildings
- Advising developers on multifamily residential and mixed-use projects, including preparation and negotiation of design and construction agreements
- Counseling developers on construction access license agreements with adjacent property owners
- Acting for nonprofits in connection with headquarters buildouts and negotiations with architects, engineers, and contractors
- Representing the developer in connection with the modernization and expansion of a major transportation facility structured as a public-private partnership
- Advising an owner of senior living facilities on post-acquisition capital improvements across its portfolio
- Counseling professional sports teams and project stakeholders in connection with sports and entertainment venue development
- Advising owners of theaters on renovation and expansion projects
- Representing a consumer food manufacturer in connection with design and construction agreements for a large-scale manufacturing facility
- Drafting and negotiating master services agreements for architecture, engineering, and project management services on behalf of a public finance authority
- Counseling a professional sports team on design and construction agreements for practice facilities
- Representing an owner/developer in connection with construction of transportation-related facilities in a metropolitan area
- Advising on construction agreements and project considerations for stadium development, including review of pricing structures and insurance programs
- Representing hospital systems in connection with construction agreements for expansion and modernization of healthcare facilities
- Advising on public procurement processes and contract preparation for hospital renovation projects
- Representing an automobile dealer group in connection with development and construction of real estate holdings
- Counseling a provider of geothermal systems on construction contracts for residential installations
Frequently Asked Questions
What legal issues typically arise in construction projects?
Construction projects often involve issues related to contract structure, risk allocation, pricing mechanisms, regulatory compliance, and coordination among multiple stakeholders. Legal considerations may arise at each stage of a project.
When should construction counsel be engaged?
Legal counsel may be engaged at the outset of a project to structure agreements and allocate risk, or later in the lifecycle to address disputes, cost issues, or project execution challenges.
How do construction contracts address risk?
Construction contracts may allocate risk among owners, contractors, and design professionals through provisions related to scope, pricing, delay, performance, and insurance, depending on the project structure.
What role does counsel play in public-private construction projects?
In public-private projects, counsel may assist with procurement processes, contract structuring, and coordination among public entities, private developers, and other stakeholders, depending on the specific project requirements.
Our Work
- We serve as construction counsel to a major financial institution in connection with various new construction and renovation projects for its corporate facilities.
- We are construction counsel to major ecommerce supplier in connection with its nationwide design and construction of new warehouses and distribution centers, and substantial renovations/modernizations of existing warehouses and distribution centers.
- We represent a corporate owner/developer in connection with the design and construction of industrial warehouses and concrete tilt-up industrial buildings.
- We serve as construction counsel to developers of multifamily residential, mixed-use developments, including ground-up buildings (new construction) and gut renovations, which typically exceed $100 million in construction cost. We prepare and negotiate all design and construction agreements for these projects.
- We advise developers on the formation and negotiation of construction access license agreement with adjacent property owners.
- We act as construction counsel for various nonprofits for their headquarters and other office buildouts and negotiate their contracts with project managers, architects, engineers, and contractors.
- We represented the developer of the $100 million modernization and expansion of the George Washington Bridge Bus Station, a public-private project (P3). We negotiated and drafted the front-end contract documents for the project.
- We represent the owner of a portfolio of senior living facilities in post-acquisition capital improvements to its portfolio of facilities.
- We advised Major League Soccer teams, the developers, and design professionals in connection with the construction and design of sports and entertainment arenas.
- We counseled owners of theaters in connection with their renovation and expansion projects.
- We advised a major consumer food manufacturer in connection with a $500 million project involving the design and construction agreements for a new manufacturing plant. This new manufacturing facility was constructed with a view toward future expansion of the manufacturing facilities, construction of other structures, and connections from the facilities to commercial transportation/shipping services.
- We drafted and negotiated master services agreements on behalf of a public finance authority for architecture/engineering services for education projects; project management services for various public improvement projects; a design-build agreement for improvements to a public pier, proximate streets, plazas, a public pool complex, a sports stadium, and other community and tourism-related improvements; and a design-build project for a new sports complex.
- We counseled and prepared contracts between a professional basketball team and design architect, local architect of record, and construction manager (at-risk as constructor) in connection with the team’s state-of-the-art practice facilities.
- We represent the owner and developer in connection with the design and construction of new facilities for its transportation operations in a metropolitan area.
- We counseled a Major League Baseball team in connection with the design and construction of a new stadium, including the review of various construction agreements; drafted modifications to the construction agreement, including for the food & beverage facilities of the project; analyzed construction cost irregularities under the Guaranteed Maximum Price model; and reviewed the project insurance program.
- We advise hospital systems in connection with the design and construction agreements for the expansion and modernization of their health care facilities.
- We advised a hospital system in connection with a public procurement for two separate projects to renovate and upgrade a hospital. We assisted the client with the public procurement process, and with the preparation and drafting of bid packages and the construction contract documents.
- We represent an automobile dealer group on the development and construction of its real estate holdings.
- We counsel the provider of sustainable geothermal heating and cooling systems on its construction contracts for residences in the Northeast.
Key Contacts
- Related Practices
- Related Industries