Sustainability and resiliency requirements, tight labor pools, and regulatory changes are just a few of the challenges – and opportunities – facing today’s construction industry. Preti Flaherty’s Construction Law Group has extensive experience in all matters related to the construction industry from initial project planning and contract negotiation to project closeout and dispute resolution. Our multi-disciplinary team helps our regional and national clients navigate the intricate landscape of commercial construction projects by leveraging our team’s background in the industry and the extensive resources of our firm’s multi-disciplinary suite of associated practice groups.

Built on a Foundation of Industry Experience

Our attorneys understand the complicated dynamics of managing multiple parties and have successfully represented clients across the industry, such as owners, developers, general contractors, construction managers, subcontractors, suppliers, EPC contractors, design-builders, architects, engineers, construction lenders, insurers and sureties. We have assisted clients on projects including airports, water and sewage treatment plants, power plants, environmental remediations, bridges and highway projects, hospitals and health clinics, school and university buildings, low-income housing, fire stations, libraries, and a variety of other municipal buildings.

Because commercial construction projects are increasingly complex, our goal is to guide clients throughout the various project phases, including:

  • Contract preparation, negotiation, drafting, review, and arbitration clause design
  • Bid preparation
  • Government contracts (bid protests and board of contract appeals claims)
  • Lending and financing; land use, zoning and governmental development approvals; LEED and green certification issues; and general project administration
  • Dispute resolution, including litigation, arbitration, mediation, and claims advice
  • Job close-outs
  • Terminations
  • Mechanics liens, bond claims, and procuring other security
  • Defective design and defect claims

We bring practical, real-world knowledge to the practice of construction law because our practice was built on a foundation of industry knowledge. Several members of the group previously worked in the construction industry, giving them an inside understanding of the issues facing our clients. Led by co-chairs Kenneth Rubinstein and Eric Stauffer, our group includes multiple attorneys listed in Best Lawyers and regular lecturers before regional and national industry groups, including the Associated General Contractors, American Council of Engineering Companies, and Associated Builders and Contractors.

Leveraging Resources

Our attorneys work side-by-side with their clients to negotiate contracts, manage conflicts, and protect their interests. While our construction team has the industry knowledge to help our clients avoid litigation and arbitration, there are times that litigation becomes unavoidable. In these cases, we can draw on the unparalleled know-how of Preti Flaherty’s litigation team as well as our labor and employment, taxation, energy and telecommunications, bankruptcy, intellectual property, real estate, government relations, municipal, and environmental attorneys to achieve favorable outcomes for our clients. Working together with the talented attorneys in these groups, our litigators develop strategies for quick and efficient resolution.

The construction industry is an environment rich with new opportunities and challenges. Being prepared to make the most of these opportunities requires a partner who understands how to turn obstacles into options for growth that safeguard your company’s interest and show the path to continued success.

Firm Highlights


The Moving Finish Line: Statutes of Limitation and Repose Are Not Always What They Seem

Having an end date for risk is important to construction professionals who need to know when they can close their books and destroy files relating to old projects. In this article for  Construction Executive...


Litigation and Arbitration Venue Provisions in Construction Contracts: When and How They Work

Venue and choice-of-law provisions are fairly standard in construction contacts, but can be overlooked due to their location within a contract. When drafted effectively, these provisions can help limit uncertainty about where and how...


Avoid the Pain Points in Trump Tariffs

New tariffs on imported materials such as steel, aluminum, solar panels, lumber and plywood have caused suppliers to increase their prices to contractors, boosting the overall cost of construction. Industry experts expect more tariffs...


Understanding the Contractor’s Consent: The Hidden Dangers in a Common Form

At the start of a commercial construction project, lenders frequently request the "Contractor's Consent to Assignment" or "Contractor's Consent" forms from contractors. These contracts allow the bank to assume ownership of the project in...


NH Gov. Sununu Issues Stay-At-Home Order - Construction Considered Essential Industry

Yesterday, in response to the COVID-19 outbreak, New Hampshire Governor Chris Sununu issued an emergency order shuttering all non-essential businesses in the state effective today. This morning, the governor's office released a list of...


Construction Alert: U.S. Supreme Court Declines to Knock Down Tariffs

The United States Supreme Court announced Monday that it will not take up a steel importer group’s challenge to President Trump’s broad authority to impose tariffs and set trade restrictions. The High Court rejected...


Prefabrication in Practice: Weighing the Advantages Against the Challenges

In recent years, prefabrication and modular construction have become a more popular choice for large-scale construction projects. Proponents of prefabrication have lauded that prefabbed construction yields better, cheaper and faster construction because projects can...


ConsensusDocs vs. AIA - Which Contract Is Best for Contractors?

Choosing the right contract is essential to protecting your rights as a contractor. AIA Contracts have long been the industry standard, but Consensus Docs are fast becoming a reasonable option. In this article, Nathan...