Construction

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.

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 Do 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 Can We 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.