Dilworth Paxson’s attorneys advise clients on all types of legal issues involving the construction industry, including RFP requirements, bidding and bid disputes, contract negotiations, project closeout, dispute resolution proceedings, including mediation, arbitration and litigation, labor disputes and pension liability. Our lawyers represent owners, developers, contractors, lenders, and design professionals engaged in public and private, commercial, institutional, and residential projects. These include a broad range of construction areas, including school and municipal construction, large-scale infrastructure/public works projects, transportation projects, housing developments and condominium projects.
On the transactional side, our lawyers seek to limit a client’s exposure to the risks inherent in construction projects. Dilworth Paxson’s construction lawyers have a variety of transactional construction experience which can be applied when negotiating contracts. These areas include:
- Represented National Constitution Center in construction agreements and claims related to constructing the museum located in Independence National Historic Park, Philadelphia, PA
- Represented the Camden County Improvement Authority in connection with the development, construction and financing of a mixed-use parking center and student housing project in Camden, NJ
- Served as bond counsel for financing new construction of student housing that is non-recourse to the related university
- Advised a local county improvement authority in connection with the procurement of a design-build contractor to develop a mixed-use parking and retail center
- Have developed provisions for public bidding on renewable and clean energy projects and assisted in developing PPA provisions on private solar energy projects
- Have represented Homeowner Associations in the developer transition process to negotiate required repairs, completion and maintenance work and establishing needed escrow funding
- Represented new home builders and developers and home improvement contractors in developing regulatory compliant contracts
- Served as Special Construction Counsel for public school districts throughout New Jersey in developing bid documentation and contract terms and conditions for publicly bid school facility projects. Further representation of the Districts has included negotiating and preparing contracts with design and construction management professionals, bid reviews and contractor negotiations where allowed.
On the litigation side, Dilworth Paxson’s attorneys recognize how time consuming and expensive litigation can be for clients. We therefore work to resolve disputes efficiently to achieve a client’s goals. In both the courtroom and alternative dispute resolution proceedings, our lawyers have represented owners, construction managers, contractors, subcontractors and suppliers in a diverse range of settings, including:
- Represented general contractors and prime contractors in claims for extra costs, including change orders, delay and inefficiency against both public and private owners
- Represented subcontractors in payment disputes
- Prosecuted mechanic’s lien claims on behalf of contractors, subcontractors and suppliers and defended mechanic’s lien claims on behalf of property owners
- Represented public owners and contractors in bid disputes and bid protests
- Defended contractors, subcontractors and home builders in construction defect claims, including community-wide construction defect claims
- Represented owners in construction defect and design defect claims against contractors and design professionals
- Recovered against design professionals for design defect and negligent misrepresentation claims on behalf of owners and contractors
- Represented owners and payment bond beneficiaries on claims against performance and payment (“Labor and Materials”) bond sureties
- Represented residential owners and developers in New Jersey on “New Home Warranty” claims
- Represented Homeowner Associations and multiple homeowner groups as well as homeowner class actions against developers, design professionals and trade contractors on construction and design defect claims
- Represented owners in prosecuting consumer fraud claims against contractors and represented contractors in defending consumer fraud claims brought by owners
Dilworth Paxson’s attorneys also provide counsel to owners, contractors and builders concerning labor and employment matters, as well as pension/ERISA matters, including:
- Represented contractors in the negotiating of contracts with union labor and the arbitration of workplace grievances and Unfair Labor Practice charges
- Represented both employers and key employees in the negotiation of executive employment contracts and severance agreements in the construction industry
- Represented construction industry participants in both OSHA investigations and litigation
- Represented a construction company charged with violating the Fair Labor Standards Act by the Department of Labor
- Represented contractors and subcontractors in injunction proceedings concerning union picketing
- Advised construction clients in dealing with "double breasting" issues (i.e., when they have union and non-union operations)
- Represented a construction product manufacturer in a union organizing campaign pursuant to the National Labor Relations Act
Concerning pension fund issues, our lawyers have:
- Counseled contractors concerning underfunded plan liability and withdrawal liability, including representation of contractors in litigation and negotiations
- Performed review of rehabilitation plans for underfunded pension plans
- Represented employers in front of the Department of Labor, the Internal Revenue Service and Pension Benefit Guarantee Corporation
- Counseled plans in Department of Labor and Internal Revenue Service audit representation
- Served as collection counsel for international pension fund in the construction trades
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