CONSTRUCTION LAW

We are fierce, no-nonsense litigators, strong and confident negotiators, and proactive risk managers.
We produce real results without the added expense
of larger firms. Period.  

Building on a strong
foundation.

W&D is a regional firm with a national reach and international experience. Our talented team of attorneys and staff specialize in litigation, contract creation and negotiation, project claims and risk management for multi-million and multi-billion dollar public and private projects including but not limited to:

Infrastructure and Heavy Design and Construction

Transit and Transportation Systems
Airports
Highways and Roads
Bridges
Tunnels
Pipelines
Drainage Systems

Institutional and Commercial Building Design and Construction

Schools
Sports Arenas and Stadiums
Hospitals
Skyscrapers
Shopping Centers
Hotels
Resorts
Casinos
Justice Centers

Specialized Industrial Design and Construction

Oil Refineries
Power Generation Facilities
Nuclear Power Plants
Solar Power Plants
Hydroelectric Power Plants
Waste Water Treatment Plants
Data Centers

Residential Design and Construction

Single Family Custom Residential Homes
Mass Produced Residential Housing Developments
Apartments, Townhomes and Condominiums
Nursing Homes
Dormitories
Mixed Use Residential Living

STRUCTURAL INTEGRITY

Construction cases are reliant on expert testimony, with experts often being architects, engineers,  scientists, accountants and medical professionals. The ability to listen, translate and effectively communicate complex scientific and engineering concepts and terminology into easily understandable language is a crucial skill our team of lawyers and paralegals possess.

Architects, Engineers & Land Surveyors

The firm has represented and represents some of the largest and most prestigious architects, engineers and land surveying companies in the global A/E industry, many of whom consistently rank among Engineering News Record’s Top 500 firms.

The firm’s experience includes complex litigation, mediations, arbitrations, and trials at the State and Federal Court levels, and in tribal courts and before State Boards. W&D’s strengths extend to claims and risk management, as well as extensive contract creation and negotiation on multi-million and multi-billion dollar public and private projects involving every type of delivery method and legal issue, including but not limited to delays and cost overruns, project suspensions, terminations, contract breaches, Force Majeure events, liens, property damage, catastrophic personal injury and death claims on construction projects and post-construction due to alleged design and construction failures.

Construction & Project Managers

The firm represents major construction and project management companies involved in the development, cost estimating, design and construction of critical projects.

The legal issues often involve schedule, cost, quality, safety, scope and function of the projects, with the firm addressing contracts, risk management and claims during the course of projects and litigation.

STRUCTURAL INTEGRITY

We have the honor of being one of the leading construction industry law firms invited annually to contribute to the California and Nevada chapters of Aspen Publishing’s State-by-State Guide to Design and Construction Contracts and Claims, and have done so since 2012.

The State-by-State Guide to Design and Construction Contracts and Claims provides a practical, state-by-state analysis of legal issues affecting architects, engineers, project owners, and construction contractors, for all 50 states, Washington, D.C., and Puerto Rico.

Updated annually, this essential sourcebook covers each state in its own separate chapter written by leading construction industry attorneys, including W&D.

General Contractors and Subcontractors

The firm represents general contractors and specialty and trade subcontractors in an array of construction matters, including but not limited to defects, delays, cost overruns, liens and fee claims, contract disputes, property damage and personal injury or wrongful death.

The firm’s clients include leading prime contractors and building and service contractors for, among other systems, complex mechanical, electrical and plumbing building systems, concrete, roofing, siding, sheet metal work, glass and glazing, excavation, demolition and steel erection work.

Contracts

Our lawyers have extensive experience and have earned significant respect throughout the design and construction industry with drafting, creating, reviewing, negotiating and litigating all aspects of design and construction contracts. The benefit of having litigators involved in contract drafting and negotiation is that the litigators understand the practical reality of various contract clauses – the real deal breakers, the real deal makers – and how any given provision will ultimately be interpreted and enforced.

Our lawyers are also skilled in assessing risk and creating risk management solutions via contract clauses, have it be the most appropriate language for indemnity, limitation of liability, standard of care and payment provisions, to contract interpretation related to scope and conditions precedent in the event of disputes arising during the course of, or after, project completion.

This experience, coupled with a solid understanding of how various insurance products serve the A/E/C community, allows us to offer counseling with both risk management and practical business concerns in mind.

Risk Management

We provide detailed assistance with company and project risk management in response to potential and/or alleged claims during the course of the design and construction of projects, including but not limited to issues based on or arising out of delays, cost overruns, change orders, requests for information, submittals, additional services, scope changes and scope creep, Force Majeure events and dispute resolution board process and hearings.

We engage with our clients and/or insurance carriers throughout all phases of a project to effectively minimize risk and control damages while preparing them in the event of a future claim through proper documentation and strategic planning.