Legal issues can arise at several junctures during the lifecycle of a construction project. The attorneys in the Hodgson Russ Construction Practice are seasoned and knowledgeable professionals able to handle construction issues whenever they present themselves.

Planning & Project Concept:

During this initial phase, issues can arise involving site selection and acquisition, delivery options and contracting considerations. We can provide advice and guidance during this first phase of a construction project to ensure that the project progresses to a successful conclusion.

Site Selection & Acquisition

• Tax credit analysis (Historic, Brownfield, etc.)
• Environmental and engineering due diligence (Phase 1 & Phase II, UST Reports)
• Land acquisition, ground leases, and easements
• Creation of entities to limit liability
• Resolving title insurance issues
• Historic preservation consideration

Delivery Options

• Selection of delivery models, including Public-Private Partnerships (P3s) and EPC models
• Insurance coverages
• Public Procurement Requirements and issues

Contracting Considerations

• Preparation and negotiation of contract documents (modification of AIA and consensus template contract forms; negotiation of principal contracts between owner/developer and architect, design-builder, or EPC contractor and P3 contracts)
• Construction management services
• RFP/RFQ compliance
• Professional licensing of design professionals
• ADA compliance
• Identifying MBW/WBE issues

Permitting & Other Approvals:

Nearly every construction project will require applying for and obtaining one or more permits and approvals from various levels of government agencies. Our attorneys guide our clients through the process in order to secure the approvals and authorizations to proceed on time and as envisioned by owners and developers. 

Acquisition of Permits & Other Approvals

• Environmental review/SEQRA/NEPA
• Rezoning/Subdivision/Site Plan/Special Use Permit
• SHPO Compliance
• Host Community Agreements
• Article 7 and Article 10 PSC/Siting Board
• SPDES/SWPPP/Wetlands Compliance
• Asbestos issues
• EPA, NYSDEC, ACOE and approvals

Legal Challenges

• Defense of project approvals
• Challenges to public body determinations
• Risk analysis of project modifications
• Procurement decision challenges
• Bidding disputes

Financing & Taxes:

Developing and structuring the financial aspects of a construction project can be complex and complicated. We help our clients identify and secure various types of financing, making a construction project more economically desirable.

Project Financing

• Construction financing and security contracts
• Financing options
• Bonding
• PPAs for energy projects
• NYSERDA/Other grants
• EB-5 Financing

Tax Issues & Abatements

• Obtaining Historic or Brownfield and other tax credits
• IDA assistance and PILOT Agreements
• Sales tax issues
• Real property tax assessments and exemptions

Construction:

Contract disputes can arise during a construction project that can delay or hinder its projected completion date. Efficient dispute resolution is in the best interest of all parties involved. Hodgson Russ attorneys possess experience in the timely resolution of contract disputes that could affect the successful completion of a project.

Contract Disputes

• Breach and enforcement
• Termination
• Arbitration/mediation
• Change order disputes and delay claims
• Mechanic's liens
• Lien discharge
• Bond and surety claims
• Indemnification
• RFI issues
• Insurance coverage issues
• Negotiation of subcontracts

Contract Compliance

• Labor issues/FLSA
• Employee or contractor misconduct
• Construction accident claims
• Worksite safety/OSHA
• Project Labor Agreements
• Bidding disputes
• MBE/WBE compliance
• Service-disabled veteran-owned business
• Prevailing wage issues

Close Out, Operation & Project Sale:

Completion of the construction project will trigger the need to address project closeout and post completion support matters. Our construction attorneys assist our construction clients with navigating through these steps. 

Project Close Out

• Inspection, quality and operational issues
• Final lien waivers
• LEED Certification
• Post-completion audits
• Architect-engineer certifications
• Waste disposal

Post Project Support

• Leasing
• O & M Contracts
• OSHA/regulatory compliance
• Latent defects
• Warranty issues
• Sale of completed projects
• Bankruptcy issues
• Surety consent
• Final payment matters