Business Services

Construction Law

The attorneys of Roetzel’s Construction Practice Group counsel construction industry clients across the nation concerning all phases and aspects of construction, including contract preparation, review and negotiation, licensing, procurement, construction lending, public-private partnerships (PPP), bid protests, construction liens, insurance related issues, environmental issues, condominium and homeowners associations, bond claims, delay claims, design professional liability, construction defect litigation and dispute resolution.

We create customized approaches to provide legal guidance through all phases of the construction process.

Our clients include project owners, developers, home builders, architects/engineers, construction managers, contractors, suppliers and sureties for public and private projects. Our attorneys take a proactive approach in developing an understanding of our clients’ businesses and their construction activities. As a result, we create customized approaches and provide legal guidance through all phases of the construction process and beyond.

We address our clients’ rights and obligations from the beginning of a project through the end and assist clients in making key decisions, such as creating the type of delivery method for the project, creating the dispute resolution process for the project, and crafting the bid and other contract documents. We implement standard AIA, ConsensusDOCS and EJCDC contracts or develop customized construction contracts that are clear and concise for all parties involved. After the contracts are executed and construction begins, we focus on what matters to the client by identifying, avoiding, and resolving issues and disputes as early as possible. We assist our clients in proactively managing risk in their construction business so that they can focus on completing projects and generating revenue, thus saving them time, money and reducing stress. We provide value by meeting with our clients concerning a project with appropriate frequency. We discuss ongoing issues, help identify potential problems, implement timely solutions, aid with compliance of contract requirements, minimize confrontation between project participants and recommend methods of resolving disputes without litigation or arbitration.

If litigation or arbitration is unavoidable, our construction attorneys are capable of representing clients in every legal forum, including federal and state courts, mediation, arbitration, administrative agencies and appeal boards. For the sixth consecutive year (2012-2017), Roetzel construction litigation attorneys received a National Tier ranking in Construction Law, a premier distinction on the Best Law Firms list, published by U.S. News & World Report in conjunction with Best Lawyers. If the client chooses to engage in formal litigation, our legal team is prepared and qualified to prosecute or defend the client’s interest completely and efficiently.

Our attorneys are at the forefront of the evolving legal and regulatory framework which governs the construction industry. As a result, we possess in-depth knowledge of the legal issues affecting the industry. Our focused attention to construction law allows us to quickly advise clients of new developments which may affect their businesses. Many of our lawyers are leaders in the construction field who actively participate in construction industry groups, including Associated Builders and Contractors, and legal committees, such as the American Bar Association and Forum on Construction Law. These relationships provide us with opportunities to substantively contribute to the advancement of legislation concerning issues affecting our clients and the industry at large. For example, when badly needed public private partnership funding was needed for projects and fair competition warranted reigning in local project bidding preferences, Roetzel attorneys engaged in discussions with a state government which facilitated new legislation. When a state government undertook a thorough look at reforming its methods of construction, including the ways it selected contractors, established delivery systems and chose design professionals, Roetzel attorneys were deeply involved with the legislative process to develop modern systems to bring public construction into the 21st century. Involvement such as this enables us to provide our clients with a unique perspective, which can be invaluable to their businesses.

Our Experience

  • Represented a general contractor concerning a dispute with a subcontractor involving alleged defective work on a large retail center
  • Represented owner of a 32-story apartment tower in Downtown Orlando in a $6 million dispute with a large general contractor concerning close-out of $160 million construction project
  • Drafted and negotiated complex construction contract for $30 Million, 143,000 square foot, hospital neurological center in South Florida
  • Represented site development contractor concerning non-payment claims on a $200 million, 445 room hotel/resort construction project
  • Represented owner of two luxury hotels in Orange County, Florida against a large general contractor and subcontractors in federal court concerning a $3 million claim for defective construction and repair of the fire safety system in over 1,500 hotel rooms
  • Represented an Orange County municipality concerning the breach by a general contractor of a contract for construction of a road
  • Represented an Orange County municipality in a dispute concerning defective construction and delay claims resulting from the construction of a lift station, water main, force main and gravity sewer line
  • Negotiated joint venture agreement between general contractor and electrical contractor concerning construction of a major theme park attraction in Orlando, Florida
  • Represented contractor in litigation concerning non-payment for construction work from large timeshare condominium development in Orange County, Florida
  • Drafted construction contracts for numerous contractors, subcontractors and developers
  • Represented large financial institution in a dispute with a general contractor involving lender liability claims for ceasing disbursement of construction loan funds
  • Represented developer of luxury, high-rise, waterfront condominium concerning defective design and construction of fountains, driveways and common areas
  • Represent manufacturer of roofing products against Downtown Orlando high-rise condominium association concerning multi-million dollar defective construction and warranty claims
  • Represented a national law firm in an alleged legal malpractice claim concerning a contractor's filing of a fraudulent construction lien
  • Represented a real estate investor in litigation involving alleged fraud in the inducement for failure to disclose latent defects in the sale of a large apartment complex
  • Resolved a dispute between owners of a joint venture established to develop a 310 acre parcel of real estate
  • Resolved a contract dispute between an engineering firm and developer concerning site work for retail/commercial center

What We Do

  • Customize AIA documents to fit the needs of a specific project
  • Draft construction contracts, subcontracts, general conditions and other front-end project documents
  • Negotiate and draft labor agreements
  • Provide project management consulting
  • Assist in the selection of the best project delivery systems
  • Develop insurance programs for a project
  • Establish dispute resolution processes tailored to the project
  • Resolve competitive bid disputes/protests
  • Address LEED project certification
  • Assist with construction licensing issues
  • Resolve issues related to construction/mechanics’ liens, fraudulent liens, failure to apportion claims of lien, misappropriation of construction funds, payments by construction lenders and insurance proceeds
  • Address issues related to Notices of Commencement, Notices of Furnishing, Notices to Owner, Claims of Lien, Contractor’s Affidavits, Sworn Statements of Account, Applications for Payment and Releases of Lien
  • Prosecute and defend construction defect claims
  • Prosecute and defend bond claims
  • Prosecute and defend warranty claims
  • Prosecute and defend claims for delay damages

Related Media & Events

  1. Alerts
    Can Your Business Fly Under the Radar? - Oct 16, 2017
    Hurricane Irma - Sep 27, 2017
    Dismissal with Prejudice Too Severe a Sanction for Failure to File Mediation Certification of Authority - Sep 27, 2016
    With Business Contracts, Lost Profits (Not Lost Revenues) Are the Proper Measure of Damages - Aug 4, 2016
    FAA Issues Long-Anticipated Commercial Drone Rules & Eliminates the Section 333 Exemption Process - Jun 22, 2016
    "60 Days" Means 60 Days - Appellate Court Reiterates Construction Lien Law Will Be Strictly Construed - Apr 28, 2016
    Court Reaffirms Damages Analysis in Construction Defect Cases - Feb 22, 2016
    Statute Requiring Lenders to Notify Contractors of Decisions to Cease Funding on Construction Loans Precludes Claims for Equitable Lien and Unjust Enrichment - Jun 26, 2015
    Developers Beware: A Contractor May Be Held to Be Duly Licensed Even If the Contractor's Qualifying Agent Does Not Approve the Permit or Supervise the Work! - Jun 15, 2015
    Don't Muck Up Your Case by Failing to Gather and Present the Right Evidence - Jun 4, 2015
    Statute of Repose in Construction Cases Clear as Mud if Owner Does Not Pay - May 27, 2015
    Amount of Damages for Loss of Use in Construction Cases Does Not Need to be Established with Absolute Certainty - May 18, 2015
    Florida Supreme Court Rules that a Home Builder's Implied Warranties Apply to Subdivision Improvements that Provide "Essential Services" to Homeowners - Jul 17, 2013
    Florida Supreme Court Affirms Clear Onus of Unlicensed Contracting is on the Unlicensed Contractor - Jan 30, 2013
  2. Articles
    What Makes A Good Arbitrator? What Makes A Bad Arbitrator? - November 2018 - Modern Contractor Solutions
    Dispute Resolution Clauses are Out of Control! - Aug 1, 2018 - Modern Contractor Solutions
    Have our Contracts Become too One-Sided? - May 1, 2018 - Modern Contractor Solutions
    Do I Need An Expert Witness? How Do I Find One - Feb 15, 2018
    Payment and Performance Bonds: Are They All They Are Cracked Up To Be? - Nov 15, 2017
    Settlement Clauses -- Buyer Beware - August 2017 - Modern Contractor Solutions
    The Spearin Doctrine Is 100 Years Old - May 2017
    Everyone in the "Hot Tub" - Experts Only - March 2017
    Becoming Ethical: A Contractor's Dilemma - December 2016
    Construction Ethics? You Bet! - October 2016 - Modern Contractor Solutions
    What Does it Mean When I See a Copyright on an Architect's Drawings? - Jul 15, 2016 - Modern Contractor Solutions
    Is Arbitration All It's Cracked Up To Be? - May 11, 2016 - MCS Magazine
    Representing the Parties to a Construction Project - 2015 - Illinois Institute for Continuing Legal Education
    Illinois Construction Law - 2015 - Wiley Publications
    Representing the Construction Lender - 2012 and 2015 - Illinois Institute for Continuing Legal Education
    North American Microtunneling Association Seeks to Improve the Industry - Aug 31, 2012
    North American Microtunneling Association Seeks to Improve the Industry - Aug 1, 2012 - TBM: Tunnel Business Magazine
    Design-Build Desk Book - 2010 - American Bar Association Forum on Construction Industry
    Building Information Modeling - Legal Issues that Impact this New Collaborative Design - 2009 (Revised) - Microtunneling Institute/Colorado School of Mines
    Allocating the Risk of Subsurface Conditions on Underground Construction Projects - 2009 (Revised) - Microtunneling Institute/Colorado School of Mines
    Ethical Considerations in Construction - August 2008 - The Newsletter of the ABA Forum on the Construction Industry
    Construction Ethics - Feb 1, 2008
    Essential Construction Contract Terms - Aug 20, 2007
    Indemnity in Construction Agreements: Preserving the Site Owner's Rights - 2006
    Is the Spearin Doctrine Dead in Ohio or Just Wounded? - Oct 20, 2005 - The Columbus Daily Reporter
    Should I Copyright My Drawings? Part II - Oct 13, 2005 - The Columbus Daily Reporter
    Should I Copyright My Drawings? Part I - Oct 6, 2005 - The Columbus Daily Reporter
    Position of Wired Glass in the 2004 IBC Supplement - Nov 12, 2004 - Glass Magazine, December 2004
    Change Orders in Illinois - Jan 1, 2001 - Change Orders in Illinois
    New Escrow Rules for Builders and Developers - 1996 - Journal of Florida Bar Real Property Section
  3. Firm News
    Lori Moore Joins Local Board of National Association of Women in Construction - Jan 2, 2019
    Roetzel Attorneys Named Among Top Lawyers in Ohio by Ohio Super Lawyers Magazine - Dec 12, 2018
    Thomas Rosenberg Assumes Role as Chair of the American Bar Association Forum on Construction Law - Aug 31, 2018
    Roetzel Shareholders Recognized with Top Rankings in Chambers USA 2018 - May 4, 2018
    Roetzel & Andress Named 2017 Top Contributor Firm by The Fund - Mar 28, 2018
    Roetzel Welcomes E. Mark Young as Partner in Cleveland Office - Feb 26, 2018
    Roetzel Attorneys Named Among Top Lawyers in Ohio by Ohio Super Lawyers Magazine - Dec 6, 2017
    Roetzel & Andress Ranked in 2018 "Best Law Firms" List - Nov 2, 2017
    Roetzel Opens New Columbus Office Custom-Built for Next Generation - Jun 19, 2017
    Thomas Rosenberg, Columbus Partner, Quoted in Construction Dive - Jun 1, 2017
    Thomas Rosenberg Named Chair-Elect of the American Bar Association Forum on Construction Law - Apr 24, 2017
    Thomas Rosenberg Welcomed as New Fellow of the American College of Construction Lawyers for 2017 - Oct 11, 2016
    Roetzel Receives Top Rankings in Chambers USA 2015 - May 26, 2015
    Roetzel Receives Top Rankings in Chambers USA 2014 - Jun 6, 2014
    Roetzel Receives Top Rankings in Chambers USA 2013 - Jun 3, 2013
    Thomas L. Rosenberg Elected to the American Bar Association Construction Forum's Governing Committee - May 10, 2013