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


Understanding the Impact of the FTC’s New Noncompete Ban on Your Construction Business

A few weeks ago, the Federal Trade Commission (“FTC”) attracted considerable media coverage when it issued its final rule banning noncompete agreements for workers in most circumstances and making existing noncompetes for the vast...


Important Updates to American Arbitration Association Construction Industry Rules and Mediation Procedures

The American Arbitration Association (AAA) updated its Construction Industry Rules and Mediation procedures (AAA Rules), effective March 1, 2024, marking the first update since 2015. The updates are important because the AAA Rules are...


Join us for the Legal Foundations Lunch & Learn Series: The Massachusetts Prompt Pay Act

Our Legal Foundations Lunch and Learn Series features monthly 30-minute webinars that provide in-depth insights into recent updates, industry trends, and key issues impacting the construction industry. On June 13 at 12:00 noon , Preti...


10 Preti Attorneys, 6 Practice Groups Honored in National Rankings

Ten Preti Flaherty attorneys and six practice groups have been selected by Chambers USA for inclusion in their premiere annual list of America’s leading lawyers. Preti is recognized for excellence in the practice areas...


Failure to Follow Your Contract's Notice Requirements Can be Costly

In Kinetic Systems, Inc. v. IPS-Integrated Projects Services, LLC et. al., No.: 20-cv-1125 (D.N.H. February 6, 2024), the U.S. District Court for the District of New Hampshire granted summary judgment for a general contractor...


Solving Problems During the Construction Process

Understanding the variety of construction contracts available and the specifics of each is essential for protecting your project and legal interests. At this interactive Half Moon Seminars webinar, Preti Flaherty attorney John Cronan will...