Construction LawOverviewBuilders and other construction-related businesses face unique legal issues in every aspect of forming, operating, and growing their businesses. Michael Best provides a full suite of legal services to our construction industry clients to facilitate their day-to-day operations and help them manage risk. We do more than simply identify and resolve legal problems; we serve as business counselors to our clients. Our attorneys work with construction industry clients of all sizes — owners, architects, engineers, contractors, subcontractors, suppliers, and other parties — on projects from Wisconsin to Indonesia.
We advise clients from the inception to the close-out of a construction project and beyond, on matters such as:
- Negotiation and drafting of construction contracts (customized as well as industry standard)
- Siting and permitting negotiations with federal, state, and local governmental agencies, including environmental permitting
- Development and monitoring of best practices/documentation relating to change orders, site conditions, claim events, payment applications, lien waivers, meeting minutes, field notes, certificates of insurance, and scheduling
- Reaching agreement on claim events
- Litigation and alternative dispute resolution
- Labor and employment matters for unionized and non-union workforces, including collective bargaining, labor arbitrations, discrimination claims, unemployment and worker’s compensation, OSHA and workplace safety, wage and hour issues, employee discipline, and terminations
Construction Litigation & Dispute ResolutionConstruction disputes tend to involve sophisticated issues, highly technical documents, multiple parties, and complex indemnity relationships. Michael Best has the resources and experience to provide sophisticated representation in all aspects of construction law, including dispute resolution. Our goal is always a reasoned resolution that protects our client’s best interests. Whenever possible, we seek alternatives to litigation, including compliance counseling, settlement negotiations, mediation, and arbitration. Our lawyers are equally skilled in both initiating and defending litigation when necessary. As times change, we see shifts in the real estate and construction industries. To continue best serving our clients, we've created a flat-fee multi-practice analysis and strategic approach, and we're confident that it will help address conflicts head-on with legal strategy and creative tactics that reduce tensions, save money, and avoid legal claims. We have extensive experience helping clients address claims involving a broad range of construction-related issues, such as:
- Design/specification defects
- Bid mistakes and protests
- Payment and performance bonds
- Unexpected drainage, excavation, elevation, and other site issues
- Asbestos, mold, and other environmental issues
- Construction defects
- Change orders and project overruns
- Accelerations, delays, and disruptions
- Private and public liens, including lien foreclosure
- Payment applications
- Job site accidents and OSHA
- Theft by contractor
- Scheduling punch lists
- Substantial and final completion
- Warranties and insurance coverage
If you would like to submit a dispute for review, click the button below to fill out the Conflict Intake Form. 
Of course, we also strive to help clients foster a collaborative environment for construction projects and avoid disputes. Our lawyers work with many professional organizations, keep current with the major contract documents from AIA and other sources, and help negotiate and draft contracts aimed at reducing project disputes and costs. These efforts help foster open communication among the parties, which in turn leads to more realistic expectations and improved delivery of desired results in a given timeframe.
MORERelated People Preview Attorney's BiographyMichelle provides strategic counsel and representation to clients involved in a range of construction, real estate, and project development matters. Representative work includes complex real estate purchase, sale and leasing transactions, entitlement processes, easements, licenses and rights-of-entry agreements, developing and implementing best practices on large-scale, high-ticket construction and development projects, and more.  Preview Attorney's BiographyAs a member of the firm’s transactional practice group, Paul focuses on all aspects of commercial real estate, including: representation of clients from sole proprietorships to multiple Fortune 500 companies in complex lease negotiations as both landlord and tenant, representation of buyers and sellers of commercial property and agricultural land through all aspects of the purchase and sale process, including negotiation of purchase and sale agreements, coordination and review of due diligence, title and survey review, drafting and review of closing documents, and closing, and representation of clients in negotiations with governmental entities involving re-zoning, public financing, and numerous other entitlements and approvals.  Preview Attorney's BiographyDavid serves as the firm’s managing partner and works closely with clients, lawyers, and staff to determine and implement Michael Best’s strategic growth and development plan. In this capacity, his priorities include building and maintaining productive client relationships; enhancing value of the firm’s services through improved business operations and flexible fee structures; and attracting and retaining a diverse group of top-tier legal and business talent on both a regional and national level.  Preview Attorney's BiographyBrian brings extensive experience in commercial real estate transactions, having successfully closed numerous deals involving the purchase and refinancing of various properties including office condominiums, shopping centers, hotels, retail spaces, residential properties, and industrial warehouses. With over 14 years of real estate experience, he is well-versed in crafting title opinions, issuing title insurance policies, and resolving intricate real estate title issues. Brian has a robust backg ...  Preview Attorney's BiographyBethany advises and represents employers on the many facets of the employment relationship. Clients turn to her for counsel on the everyday dealings of employees, such as accommodating disabled employees, administering the Family and Medical Leave Act (FMLA), and reviewing handbooks and policies.  Preview Attorney's BiographyChuck is a go-to lawyer for complex cases involving OSHA, employment law, labor negotiations, independent contractor and joint employment matters. Clients rely on his years of experience in dealing with state and federal enforcement agencies to develop human resource, safety and environmental policies and practices that prevent problems and save them significant expense. Chuck has defended employers in more than 1,000 Occupational Safety and Health Administration (OSHA) citation cases over the past 26 years.  Preview Attorney's BiographyChris is a trusted advisor to a myriad of clients facing insolvency-related problems. Years of advocating in and out of court gives Chris the perspective to provide clients with comprehensive counsel and enable them to make informed business decisions under difficult circumstances.
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