Construction Law & Litigation

A host of legal issues and potential disputes accompany every construction project, from the most basic project to more complex capital improvements. How those issues are addressed can determine whether the project ultimately meets the expectations of everyone involved. The Gibbons Construction Law & Litigation Team works with owners, developers, design professionals, contractors, subcontractors, and material suppliers on a wide range of construction projects, handling contract counseling, construction and mechanics liens, public procurement (both counseling and bid protests), insurance, and surety issues, among others, as well as all aspects of litigation and dispute resolution. The Team also has extensive experience representing and interacting with public owners on significant public projects.

Recent construction projects on which we have worked have involved a multitude of commercial and residential properties; healthcare, academic and specialty facilities (such as laboratories); marine-based structures; power plants; and a variety of infrastructure projects, including subway, bridge, rail, and tunnel builds and rebuilds. These projects have involved all manners of project deliveries, including traditional design-bid-build, design-build, and public-private partnerships (“P3” delivery methods), and other innovative types of procurements. In addition, our Construction Law & Litigation attorneys collaborate closely with our Real Property and Environmental attorneys on numerous projects to ensure that all potential issues are addressed.

The attorneys on the Gibbons Construction Law & Litigation Team are recognized professionals in the field of construction law and understand how client and value-added services enhance the matters we undertake. Gibbons attorneys have published a wide array of national and state publications and presented seminars for the American Bar Association Forum on Construction Law, American Arbitration Association, Land Improvement Contractors of America, Construction Section of the New Jersey State Bar Association, New Jersey Institute for Continuing Legal Education, and other construction industry professional associations. We have also tailored custom presentations to meet the needs of particular clients in the construction arena.

Areas of Focus

Construction Litigation

The Team has widespread experience in all aspects of litigation that arise out of the construction process, including bid protests, scope of work issues, differing site conditions, change orders, and claims related to negligent design, defective workmanship, contract balance, payment, acceleration, and delay. We represent owners/developers, design professionals, contractors, subcontractors, and material suppliers in federal and state litigation, venued both nationally and within our region.

In addition, we regularly participate in alternative dispute resolution proceedings, including mediations and arbitrations before the American Arbitration Association and other ADR providers. Our attorneys also serve as court- and party-appointed arbitrators and mediators in construction disputes. The Team provides advice, guidance, and litigation support with respect to numerous issues arising before, during, and after the construction project. Our attorneys have extensive experience with New Jersey’s Construction Lien Law, out-of-state mechanics lien issues, Municipal Lien Law, and issues concerning federal and state contracts.

Contract Counseling

The Construction Law & Litigation Team represents owners/developers, design professionals, contractors, subcontractors, and material suppliers in the drafting and negotiation of contracts, including the adaptation of standard contract forms published by the American Institute of Architects, Associated General Contractors, ConsensusDOCS, and the Engineers Joint Contracts Document Committee, to specific client requirements. We also prepare and negotiate manuscript and other documents related to the construction project.

In addition, the Team advises clients on the formation of joint ventures and negotiation of joint venture agreements. They also routinely advise on insurance and surety issues, such as insuring the construction project, obtaining and enforcing performance and payment bonds, and addressing related surety issues. We have litigated numerous insurance and surety bond cases on behalf of sureties, owners/developers, and contractors. In addition, from time to time, clients call on Team members to interpret and advise on state construction codes and regulations.

Public Procurement Law

The Team has represented state and local governments and private clients for over 30 years on issues arising out of the public procurement of construction and related services. Our attorneys have experience in public procurement matters involving the states of New York and New Jersey; commonwealth of Pennsylvania; city of New York, including its Departments of Transportation, Environmental Protection, and Sanitation; Metropolitan Transportation Authority; New Jersey Schools Development Authority; and local governments and other governmental entities throughout the region.

Additionally, our attorneys regularly lecture and write on related issues; for example, one of our attorneys wrote one of the first in-depth examinations of the New York City Procurement Policy Board (PPB) Rules, which was included as a chapter in the New York Construction Law Manual published by West in 1992, shortly after the adoption of the PPB Rules.