Practices & Industries: Construction Transactions

Construction projects involve risks in multiple areas. Typical construction issues, such as delays, cost overruns, and coordination between contractors and design professionals, must be addressed. In addition, insurance and construction defect liability issues are critical, especially in residential projects.

Luce Forward attorneys provide comprehensive legal expertise to developers for construction projects in the following areas:

• Structuring, preparing and negotiating architecture, engineering, construction management, and construction contracts, including developing specially drafted contracts for complex projects and using industry forms such as American Institute of Architects documents.
• Coordinating construction contracts for high-rise condominium and other residential projects with the Right to Repair Act (SB 800) and homeowner dispute resolution procedures.
• Assisting with land use and environmental issues that arise in construction projects.
• Assessing and allocating risks associated with construction projects and designing risk management strategies.
• Working with insurance consultants to conform construction contracts to insurance requirements, including owner-controlled insurance policies (OCIP).
• Advising clients regarding the applicability of California Contractor’s License Law to developers and builders of projects.
• Advising clients regarding prevailing wage requirements and owner participation agreements.
• Resolving construction disputes quickly and efficiently by representing clients in a wide range of contractual claims, including delay, cost overruns, disruption, extra work, acceleration, subsurface conditions, mechanics’ liens, stop notices and construction defects.
• Representing developers in connection with joint development and/or cost-sharing agreements with adjacent landowners and governmental agencies for roads and other infrastructure improvements.
• Representing master developers of residential communities to combine knowledge of residential development issues with overall construction expertise.
• Representing developers in connection with site development agreements with anchor tenants in shopping center projects.

Luce Forward attorneys are experienced in various construction projects, including:

• Representation of design-builders, including a recent project involving a 750,000-square-foot warehouse/distribution facility.
• Representation of developers of high-rise condominium and mixed-use projects, including the One Rincon Hill Condominiums in San Francisco, one of the tallest residential buildings west of the Mississippi River.
• Preparation of customized standard form agreements for contractors and subcontractors for builder clients.

The transactional members of the Construction Group assist in pre-construction planning, including zoning and permits, environmental, acquisition and leasing, and counseling on all aspects of risk management, from entity formation, wrap and CGL insurance, indemnities, ADR, mold, document and SB800 protocols. The attorneys have experience in the negotiation and drafting of industry form and custom construction contracts, subcontracts, design contracts, and construction management agreements.