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

Publication

Construction Alert: Gov. Baker Clarifies Massachusetts Construction Requirements and Possible Future Impacts for New Hampshire

The state of construction in Massachusetts continues to evolve as Governor Baker issued another order yesterday tightening  the list of types of construction that are allowed to proceed  as "essential services." Under the new...

Publication

Contractor's Guide to Mitigating Risks in the AIA A201-2017 General Conditions

The AIA A201-2017 is generally a well-understood contract document and is used in a significant number of construction projects each year. While this standard contract covers most risks, there are a number of areas...

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Preti Flaherty COVID-19 Resources

In response to the ongoing COVID-19 pandemic, Preti Flaherty's attorneys have maintained a constant stream of the most up-to-date information and resources for our clients, business partners, and others struggling to navigate these complex...

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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...

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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...

Publication

Lien Waivers: Understanding the Risks in a Common Form

Lien waivers assure owners that once payment has been made to a contractor, or subcontractor, that contractor cannot obtain a mechanics' lien for that money at a later time. In this article for  Construction Executive , Kenneth...

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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...

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Owner's Guide to Mitigating COVID-19 Risks in the AIA A201-2017 General Conditions

While the AIA A201-2017 is generally a well-understood contract, COVID-19 presents new logistical and economic risks that can leave owners at risk unless edits are made. This guide focuses on changes to the AIA...

Publication

Contractor's Guide to Mitigating COVID-19 Risks in the AIA A201-2017 General Conditions

The COVID-19 pandemic has presented new risks and challenges that will affect construction projects for years to come. This business level summary provides specific recommended edits that contractors and construction managers should consider when using...

Publication

COVID-19 and Contractual Non-Performance

Managing Risk on Existing Projects In contractual relationships extreme events may occur through no fault of the impacted party, temporarily inhibiting or completely preventing performance. During this pandemic, the inability of businesses to provide...