Alternative Dispute Resolution
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Clark Hill has one of Michigan's largest construction law practices and is routinely involved in every facet of the construction process, from real estate acquisition and project financing, through drafting of contract documents and project administration, to claim preparation and dispute resolution. With a diverse clientele consisting of public and private owners, developers, lenders, sureties, general contractors, design professionals, specialty contractors, subcontractors, and suppliers, Clark Hill has provided legal services in connection with some of Michigan's largest construction projects, including the Midland Nuclear Power Plant, Ford Field, the University of Michigan Hospital, the Pontiac Silverdome, the Detroit Renaissance Center, and the DaimlerChrysler Technology Center.
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The construction group is comprised of attorneys with engineering degrees, contracting backgrounds, and experience in countless construction claim and professional liability matters involving a variety of commercial, industrial, heavy, and highway projects. Members of the construction group are frequently contacted to lecture and/or write on various construction law topics and are actively involved in several industry and specialty organizations, including Associated General Contractors of America (and its Detroit and Michigan Chapters) and the American Bar Association - Construction Forum.

Clark Hill attorneys' construction expertise, combined with their proficiency in related areas of real estate, corporate, finance, tax, bankruptcy, labor/employment, and environmental law, provide Clark Hill with the resources to quickly address virtually any problem that may arise in connection with a construction project.

Project Administration

Our attorneys are frequently involved with projects from their inception. During the pre-design phase, Clark Hill attorneys assist in forming joint ventures and limited liability companies to own or construct a particular project, procuring project financing, assisting with site acquisition, facilitating environmental audits, and preparing/reviewing requests for proposals.

Clark Hill attorneys are equally adept at drafting, modifying, and negotiating various types of project agreements, including prime contracts, subcontracts, construction management agreements, engineering agreements, and design-build documents, whether prepared in-house or by such recognized industry organizations as the AIA, AGC, and EJCDC. While the focus of such contract drafting and negotiation is directed at an analysis of proposed risk allocation among contracting parties, evaluation of partnering and other dispute avoidance techniques, and a critique of project documentation and communication schemes, this focus is tempered by and adjusted for each client's overall business objectives and risk tolerance.

Oftentimes, the best way to avoid a costly project dispute is to address it early. Clark Hill construction attorneys provide a broad range of services in this regard, such as assisting with labor-management disputes, resolving disagreements over progress payments and payments for extra work, investigating accidents, evaluating insurance coverage, and interpreting contract provisions. In the event project dynamics are such that a mutually satisfactory, informal dispute resolution is not possible, the construction group is equally well-versed in documenting schedule delays and cost overruns during the course of the project, and in perfecting lien and bond claims.

Dispute Resolution

Clark Hill's construction litigation practice is extensive. Although Clark Hill is involved in many projects in Michigan, members of the construction group have represented clients throughout the United States in state and federal courts, as well as before various governmental and administrative boards. For example, Clark Hill has attained national prominence in its representation of building owners with roofing systems containing phenolic foam insulation, a product that has spawned multi-million dollar litigation nationwide.

Clark Hill's attorneys also have extensive experience with the various forms of alternative dispute resolution (ADR), such as mediation and arbitration. In addition to serving clients in an advocacy role, many of the construction group members frequently serve as arbitrators and mediators. As a result, Clark Hill's attorneys are better able to evaluate the best approach to resolving a particular construction dispute, taking into account the cost effectiveness of each approach and the client's ultimate objectives.

Claim Prosecution and Defense

The cases handled by Clark Hill often involve millions of dollars and complex legal issues. The construction group is frequently engaged to prosecute or defend claims involving project delay, disruption, acceleration, differing site conditions, and design defects. Whether analyzing loss of productivity using a measured mile, determining the extent to which a delaying event impacts the critical path, assessing the applicability of a no-damages-for-delay provision, or addressing home office overhead claims pursuant to the Eichleay formula, attorneys in the construction group are intimately familiar with the types of liability and damages issues that arise in construction disputes. This broad experience has allowed Clark Hill's construction group to develop streamlined approaches to case management, which reduce legal expenses while enhancing the possibility of achieving the best possible result. Clark Hill's use of the latest computer technology, and our established relationships with a wide range of construction consultants and experts, allow our attorneys to narrow the scope of the dispute and provide an early evaluation of the strengths and weaknesses of a particular case.

Labor/Employment Disputes

In addition to our expertise with construction claims, we have significant experience in dealing with labor law problems frequently faced by contractors and owners. Few industries are more labor-intensive than construction, which gives rise to numerous issues including strikes, union organizing drives, wage and hour investigations, OSHA investigations, prevailing wage claims, OFCCP investigations, and picketing situations, as well as discrimination and other employment-related claims. When these problems arise, Clark Hill's attorneys are available to resolve them in a cost-effective and expedient manner, allowing the project to get back on track.

Full-Service Support

One of the advantages of retaining Clark Hill is its comprehensive practice. Because Clark Hill is a full-service law firm, its construction attorneys are able to draw on a variety of resources provided by other members of the firm with expertise in practice areas complementary to construction, such as real estate, corporate, finance, tax, bankruptcy, and environmental law. As a result, Clark Hill's clients receive cost-effective and thorough legal representation.

Experience

Clark Hill attorneys have been involved in numerous projects that, taken together, could easily constitute a large city, including power plants (nuclear and fossil), water treatment facilities, manufacturing plants, commercial buildings, hospitals, marinas, sports facilities, warehouses, elevated light rail systems, petrochemical facilities, bridges, airports, assembly plants, prisons, commercial and residential developments, retail centers, and parking structures. While it is impossible to list all of the construction projects in which Clark Hill attorneys have been involved, a representative list appears below:

Industries:

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