Commercial Construction
Commercial construction has a vernacular all its own. We understand the entire process of a commercial construction project fro initial planning to grand opening. Following are some examples of the types of claims we handle:
- Bid Preparation/Bid Protests: The bidding rooms of contractors and subcontractors in the commercial construction arena are often frenzied places on bid days. Mistakes can and do occur, and bidders occasionally fail to follow the bid instructions. These problems can be financially devastating.
- The law provides opportunities to obtain relief from mistakes, to enforce reasonable reliance on sub bids, and to challenge suspect or non-conforming bids on pubic projects.
- Contract Drafting and Negotiations: The law will generally enforce the contractual agreements of commercial parties who have bargained at "arms length." We can review or draft your contracts and subcontracts and advise you how to best protect your project interests in the contract drafting and negotiation process.
- Project Management and Records: Effective management and control of your project is critical to success. An understanding of your contract documents, a good working relationship with all members of the construction team, an ability to recognize claim issues when they present themselves, and an effective and timely communication and documentation of project claim situations are all vital components to your bottom line.
- Defense of Claims: You can and will be the target of claims from others. We have represented commercial construction companies and are skilled at the valuable task of developing solid contractual, legal, and factual defenses against claims made against you.
- Contract Negligence/Warranty Claims: In most project situations, there are contractual rights and remedies, warranty protections, and possible claims that a party failed to adequately meet its duty of are to another party.
- Payment and Performance Bond Claims/Mechanics' Liens: In the contracting business, cash is king. Protecting your rights to be paid is a small but critical component to your long term success. We can help you and your accounting personnel recognize and understand the paperwork, filings, and notices that are necessary for you to best protect your right to be paid for your work - whether by mechanics' lien on a private project or payment bond claim on a public project.
- Insurance Coverage: You purchase insurance coverage for a reason and you expect your insurance company to promptly pay legitimate claims. We understand insurance coverages and claims and can assist you in enforcing your rights under your policies.
- Alternative Dispute Resolution (ADR): An early recognition of claim situations, and getting the parties to the meeting or board room to discuss and resolve such issues or other project disagreements can be the critical difference between a profitable project and a financially disastrous project. The construction industry is particularly well-suited to the use of various methods of resolving disputes through procedures and forums other than a court room. Whether it is through early mediation, a neutral evaluation, the use of special masters who have a solid, working knowledge of your claim situation, a "mini trial", or binding arbitration, we know the ropes and procedures involved in creative forms of alternative dispute resolution. Robert D. Erney is a skilled mediator and arbitrator who is often selected by peers to assist in resolution of their clients' disputes.
- Litigation: The timely and effective resolution of claims can and often does make the difference between your project either making money or losing money. Sometimes litigation becomes absolutely necessary for you to protect your rights. Robert Erney has trial experience spanning twenty years in local, county, and Federal courts.
Robert Erney can help you settle your commercial construction claim today. Please contact us.
