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
Revisions in the Occupational Code a Welcome Change for Commercial Contractors
Michigan courts have been wrestling with the boundaries of the Occupational Code and statutory requirements relating to residential builder’s licenses, mixed-use housing projects, and commercial construction
Now is NOT the Time to Ease Up on COVID-19 Safety and Health Workplace Precautions
Many Michigan businesses are up and running again after the shutdown, although now operating at a new norm. The active Executive Orders relating to COVID-19 contain safety and health workplace guidelines businesses are required to follow if open. Yesterday, the...
Reading Between the Lines: An Avoidable Insurance Coverage Issue Revealed in Skanska USA Building v. M.A.P. Mechanical
Insurance coverage is an integral part of the construction process. The contract documents rely on insurance to facilitate the risk allocation and risk transfer needs of the project. These contractual specifications lay out the types of coverage, policy limits, and...