Construction

With offices across the country, Vorys is actively involved in construction projects from inception throughout the United States and often internationally.  Our attorneys have acted as national coordinating counsel for clients’ construction projects and played crucial roles in high-visibility work across the United States, Europe, Asia, the Middle East and South America.  Our practice includes collaboration with real estate, finance, and incentives professionals at the outset, mid-project risk management and change order negotiation, and post-completion dispute resolution.  Our experiences comes from the following types of projects, among others:

• Public works projects
• Industrial and manufacturing facilities
• Highways and bridges
• Commercial facilities
• Nuclear and fossil fuel facilities
• Hospital and retirement facilities
• Libraries
• Schools
• Shopping centers
• Hotels
• Residential projects

Who We Represent

Recognized by U.S. News & World Report – Best Lawyers as a “Best Law Firm” for construction law and construction litigation, we represent clients across the spectrum of the construction industry.  Our clients range from Fortune 500 companies, highly ranked Engineering News Record design professionals and construction firms, owners and developers, public and semi-public contracting authorities, financial institutions, contractors and materials suppliers.

Industry Experience

We work as a team across practices and offices to keep abreast of changes in the law and developing trends impacting the industry.  Our construction attorneys have significant experience in the industry including working in it.  Vorys attorneys have previously served as professional engineers, contractors and construction project management.  This first-hand experience gives us unique insight into the legal aspects of the construction and dispute resolution process, including:

• Planning
• Land acquisition and zoning
• Design and engineering
• Financing and insurance
• Taxes
• Bidding and negotiation
• Project delivery methods
• Scheduling
• Coordination

What We Do

Contract Drafting, Bidding and Negotiation

Vorys is often involved in preparing contracts for public and private construction projects.  We have developed design and construction agreements, tailored to the special needs of each project and take into account the appropriate risk allocation for the multi-faceted and complex projects.

Drawing on vast experience and collaboration across practice areas, Vorys attorneys carefully consider the type and number of project participants, financing methods, schedule constraints, scope and other complexities.  Using both industry templates and manuscript forms, we have drafted, negotiated and advised professionals on thousands of contracts and projects.  We have also provided advice on numerous projects regarding the structuring and submittal of bids and proposal requests to avoid possible protests and unnecessary performance disputes.

Our goal in developing and drafting construction contracts on behalf of our clients is to ensure that potential problem areas are anticipated and addressed at the outset of the project in order to avoid cost overruns, disputes and delays.

Contact Administration and Management

Our experience also benefits clients during the construction phase when participants and the project are at risk.  During construction, we have helped clients resolve numerous disputes involving changed site conditions, environmental liabilities, safety compliance, scope changes, lost productivity, delay/acceleration claims, construction defects, liens and claims analysis and preparation.  Our primary objective is to minimize the impact of claims and disputes on the project schedule and budget while reducing our clients’ risk.

We have assisted in utilizing innovative methods of claims resolution, including:

• Dispute review boards
• Step negotiations
• Partnering
• Project neutrals
• Arbitration

Our extensive experience with alternative claim resolution methods has proven to greatly minimize the impact of a claim on the project schedule and budget.

Construction Litigation

Our Approach

Our construction attorneys help resolve construction claims effectively and efficiently.  Whether through litigation, arbitration or other dispute resolution means, we work closely with our clients and experts, where appropriate, to identify issues and strategies quickly, and to manage claims and dispute resolution costs. 

We are best known for our leadership in developing reasoned legal strategies for construction disputes, and for professionalism in dealing with tribunals and opposing counsel.  Our breadth of experience allows us to identify weaknesses in our opponents’ cases, to identify and retain knowledgeable experts on specific topics, and to achieve effective claims resolution.

Our Work

We have represented clients in disputes involving water reservoirs, water treatment facilities, pipelines, power plants, industrial and manufacturing facilities, highways and bridges, commercial buildings, hospital and retirement facilities, libraries, schools, shopping centers, hotels and residential projects.

Our attorneys have successfully defended and resolved claims involving the full range of construction and design claims that can arise, including:

• Personal injury
• Property damage 
• Breach of contract
• Construction defects
• Change orders
• Insurance coverage issues
• Liens
• Delays
• Differing site conditions
• Professional errors and omissions
• Licensing issues
• Environmental liabilities
• Construction warranties
• Delay and acceleration
• Liability limitations
• Termination
• Public records/open meeting Acts
• Economic loss
• Worksite accidents and safety compliance

We have also been involved in numerous multi-party construction cases, including selection as lead counsel in nationally significant litigation, including catastrophic structural failures.

Architects and Engineers / Construction Liability

On public and private projects, our attorneys have successfully defended and resolved claims of personal injury, property damage and economic losses due to alleged design defects, errors and omissions, permitting failures and excessive control.  Read more.