Construction Law
We know building starts with relationships.
Hilger Hammond construction law attorneys have deep experience protecting clients’ interests in construction law. A significant portion of our practice involves serving as general counsel and special litigation counsel to all players in the construction industry.
Our team of construction law attorneys work across the spectrum of the construction industry on matters relating to the preparation and negotiation of complex multi-party construction agreements; the pursuit or defense of construction defect, delay and lien claims, and many more matters specific to the construction industry.
We know that disputes must be resolved efficiently and effectively. We actively engage in pre-suit facilitation and other forms of alternative dispute resolution. Where litigation is necessary, we have appeared in tribunals across the country, including state and federal courts and private arbitration panels.
Our Clients:
Our construction clients include all parties associated with construction – owners, developers, architects, engineers, design professionals, general and trade contractors, subcontractors, suppliers, sureties, vendors, manufacturers, governmental agencies, and insurers.
Construction Law Services
Contract Preparation and Negotiation
- Review of contract documents
- Contract drafting: AIA, AGC, EDJC, DBIA and ConsensusDOCS
- Negotiation of contract terms
- Assistance with Building Information Modeling
- Assistance with Integrated Project Delivery Methods
Litigation and Dispute Resolution
- Contract disputes
- Construction lien foreclosure
- Contractor theft and trust fund claims
- Payment and performance bond claims
- Construction defects
- Change order and formal claims
- Project schedule claims
- Schedule acceleration, compression, and loss of productivity claims
- Differing site conditions
- Project closeout and payment disputes
- Warranty claims
- Design defects
- Design professional liability claims and defense
- Defense of job site injury claims
- Mediation and arbitration
- Construction manager and design builder liability claims and defense
- Green building issues
- Blue print deviation issues
- Building code violations
- Professional licensing proceedings
- Mold Claims
- OSHA and MIOSHA investigations and claims
- Federal Miller Act claims
- Bid disputes and public procurement
- Insurance claims
Insurance and Surety
- Risk management assessment
- Global risk management strategies
- Captive insurance
- Micro-captives and I.R.C. 831(b)
Project Management and Construction Consulting
- Contract document preparation and tracking
- Contractor qualification and background investigation
- Implementation cash-flow management principles
- Evaluation of treasury management services and financing
Construction Law Representative Cases:
- Negotiated $200 million IPD client for a general contractor
- Negotiated a complex settlement in litigation involving a defunct development and multiple subcontractor liens and bank mortgages
- Resolved claim against engineer prior to initiation of arbitration
- Obtained a summary disposition in a lawsuit concerning a claim of lien
- Successfully defended a general contractor at trial on a claim by subcontractor for a significant change order.
- Prepared and negotiated numerous commercial and residential construction contracts, including custom agreements and agreements prepared or endorsed by trade associations such as AIA, AGC, DBIA, EJCDC, and Grand Rapids HBA
- Evaluated bid irregularities and potential bid protests on behalf of owners and construction professionals involved in public projects
Hilger Hammond Construction Law Attorneys
Stephen Hilger
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Benjamin H. Hammond
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Aileen M. Leipprandt
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Construction Law Resources & News
Court Pauses Michigan Energy Efficient Building Codes Amid Legal Challenge
On July 7, Judge James Robert Redford issued an Order staying implementation of the Residential Building Code and Michigan Uniform Energy Code updates. The proposed updates in question were aiming to increase energy efficiency in homes. Learn more about the allegations of improper “cost-effective” analysis and the implications it could have on single family home construction.
Michigan Supreme Court Upholds Broad Limitation on Short Term Rentals
On Wednesday, July 9, 2025 the Michigan Supreme Court affirmed the Michigan Court of Appeals’ ruling from July of 2023 “by equal division of the Court”, meaning that a
majority of the Justices did not reach a common basis for resolution. This leaves the Court of Appeals decision intact and binding, which had held that private lake
community restrictions prohibiting property owners from using their properties as short- term rentals (Melvin R. Berlin Revocable Trust et al. v. Thomas C. Rubin et al.).
Senate Bill 49 creates more Ambiguity for the Timely Issuance of MIOSHA Citations
Proposed Senate Bill 49 revises various sections of the Michigan Occupational Safety and Health Act (Act), including §33, the section that addresses the time frame by which MIOSHA must issue a citation after an inspection. Unfortunately, SB 49, does nothing to nail down the outside limits of when MIOSHA must issue a citation, only further muddying that question.