Real Estate Design + Construction

Complex issues exist in every design and construction project, and development project participants rely on Goodwin’s Design + Construction lawyers to help mitigate risk and ensure successful project execution. Experienced, practical advice and representation is provided to owners, developers, investors, lenders and contractors in connection with the design and construction of real estate projects. Our interdisciplinary practice involves lawyers with real estate and litigation expertise who concentrate in this specialized area, along with development, tax, private equity and finance lawyers whose expertise is valuable on complex development projects. The deep and broad experience of our Design & Construction lawyers allow them to efficiently identify issues of concern, provide pragmatic and informed advice, better communicate with development project participants of all types, and effectively represent clients in all aspects of this complex area with a primary focus on advancing the clients’ interests.

Our lawyers provide a wide range of transactional services involved with project formation, implementation and post-project completion. We advise and assist clients on project delivery methods and procurement of design and construction services; identifying, analyzing and allocating project risks; negotiating contracts for design, construction and consulting services; structuring and negotiating equity and debt financing documents; negotiating development agreements; procuring and pursuing claims under insurance for construction projects; negotiating and pursuing claims under bonds, warrantees and other ancillary documents; understanding, assessing the benefits of, and pursuing LEED and similar certifications for projects; and compliance with applicable legal, zoning and land use matters. In addition, clients seek our counsel on issues related to liens, payments, defaults and delays, project changes, labor and employment, indemnification and project close-out. Even when a project is complete, we know the work is never finished, and clients rely on our lawyers to assist in addressing claims for defective, deficient or nonconforming design or construction. Given the complexity of most development projects, disputes can arise on even the most carefully executed projects. We approach all projects with an awareness of these potential disputes, and counsel clients on approaches to avoid and manage disputes; however, when necessary, we provide clients with a full range of dispute resolution services, including representation in formal procedures such as mediation, arbitration and/or litigation. Our industry experience and extensive work in this area enables us to accomplish our clients’ objectives effectively and efficiently.

We provide legal services to clients who develop a vast array of structures, including retail, commercial, and industrial buildings, residential developments, hotels, schools, hospitals, governmental buildings, power and alternative energy projects, manufacturing and process engineering facilities, and master-planned communities. We have also provided counsel with respect to a variety of infrastructure to support these projects, including streets and roads, transportation systems, sewage collection and treatment facilities, and utilities.

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