Construction

Harnessing cross-discipline experience to build the right team for your project

Each highly complex construction project presents a unique set of circumstances, distinct requirements, and specialized skill sets. At Butler Snow, our construction team can provide comprehensive legal services and single-source accountability at every phase of your construction project.

You’ll have direct access to some of the top minds in every discipline—at the exact time needed. Our construction team understands the ins and outs of the construction industry and can provide expertise on all aspects of construction projects, including design and planning, contract negotiation, bidding, construction, construction management, surety/bond issues, and dispute resolution. We’ve represented owners, developers, contractors, subcontractors, sureties, suppliers and design professionals, to name a few.

In addition to decades of experience on the legal side, some of our lawyers also have backgrounds in contracting and other construction-related professions. Our team members also include an American College of Construction Lawyers Fellow, American College of Trial Lawyers Fellows, and a past president of the Tennessee Association of Construction Counsel.

Construction Advice and Project Expertise

We believe a team approach helps ensure that your project starts with a good foundation. In the early stages, we can help you collaborate with architects, construction management teams, licensing boards, and others to clearly delineate the scope of work, help ensure that the project captures any available cost savings and is constructed effectively and efficiently. Our lawyers have experience drafting and negotiating project-related contracts involving design professionals, engineering, procurement and construction, equipment supply and acquisition agreements, construction contracts and construction management contracts, including our own custom form and standard industry-form agreements.

During the project, we can help smooth obstacles through our extensive knowledge of key industry issues and our network of industry connections, which have been developed over nearly 50 years of construction work.

From conception to completion, we’ll work to meet your business goals.

Construction Dispute Resolution Expertise

While we always work with an eye toward avoiding legal disputes, our construction team includes top litigators who are experienced in all aspects of public and private construction projects. We’ve handled highly complex litigation on a nationwide basis, and we have several attorneys who are certified as arbitrators and mediators.

In addition to widely varied industry-specific services, our lawyers have represented clients in the construction industry on matters such as:

  • Bid mistakes and bid protests
  • Administrative claims
  • Delays, interference, and disruption
  • Change orders
  • Defective or deficient design
  • Poor project management
  • Cost overrun disputes
  • Termination and default
  • Mechanic’s liens, materialman’s liens, and bond claims
  • Miller Act claims
  • Defective materials, storage, and equipment
  • Construction failures and warranties
  • Structural concerns
  • Environmental hazards
  • Payment and performance bond claims
  • Professional liability

At every phase of your project, we’re dedicated to timely responses and effective counsel.

Alternative fees ease budgeting concerns

Butler Snow embraces alternative fee arrangements. We actively work to establish flat fees or other pricing arrangements that encourage maximum efficiency. In fact, we specifically employ staff with extensive alternative fee arrangement expertise so we can effectively analyze proposals and provide quick turnaround. In all instances, we remain flexible and transparent in our negotiations and our ongoing fee analysis.

We believe alternative fee arrangements can be particularly beneficial for construction projects. Such an arrangement allows our clients to more accurately budget their projects, which can help them move forward with confidence.

Industry Involvement

Butler Snow’s team members participate and hold leadership positions in numerous construction-related trade associations, including the American College of Construction Lawyers, the ABA Forum on the Construction Industry, the Tennessee Association of Construction Counsel, the Surety Claims Institute, and the National Bond Claim Association.  Active involvement in these organizations and others like them ensures that our attorneys are knowledgeable of issues and potential issues facing the industry and allows us to proactively provide innovative solutions to potential problems before they occur.

Highlights/ Representative Matters

Practical experience and pragmatic approaches define our management of litigation challenges.  Counseling in the residential and commercial construction industry, our team represents in a myriad of different types of projects, including health care, entertainment & hospitality, industrial and manufacturing and education.