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   Construction (Contracts)

 

  • Habitual and purposeful use of clear, concise, plain, simple and terse English and grammar when drafting contracts, correspondence and agreements.

 

  • Extensive experience with the most-familiar forms of construction contracts, such as cost plus, lump sum, time and materials and unit price.

 

  • Drafting and negotiating agreements and documents related to construction activities, such as amendments, asset purchases, building permits, certificates (completion, partial completion, substantial completion), change orders, complex energy-related swaps, confidentiality, easements, ex-patriot, equipment, Freedom of Information Act (FOIA) requests, information technology (IT), intellectual property (IP), internet access, joint ventures, leases, mechanic’s liens, non-disclosure, operations, outsourcing, payment applications, procurement, project labor, rights-of-way, services (consultants, food, security), settlement, supply, teaming, transportation, telecommunications, requests for information (RFIs), requests for qualifications (RFQs), requests for proposals (RFPs).

 

  • Particular attention to essential contract details, such as the bonds (bid, performance, payment, Miller Act, surety), change orders, claims (acceleration, delay – excusable or inexcusable, disruption), conditions (general, special), conditions precedent (approvals, permits, site remediation) contracting parties, damages (consequential, incidental, special), default, deliverables, drawings, governing law, hidden conditions, hold harmless, indemnification, insurance (general liability, professional liability, auto, Workers’ Compensation, excess, catastrophic, builder’s all risk), liens, pay-if-paid, pay-when-paid, representations and warranties, safety, schedules (equipment, manpower, milestones, payment, quantities), site access, specifications – including use of the Construction Standards Institute (CSI) formats as applicable, subrogation, statement of work (SOW), termination (for cause, no cause), venue.

 

  • Investigated contracting workstreams that could be improved, standardized or even automated to maximize efficiency.

 

  • Identified contract gaps and initiated protocols to improve the quality and review of contract initiation and negotiation processes, and provided high-quality, timely and efficient analyses of the relevant contractual legal issues.

 

  • Developed and implemented and implemented internal processes and protocols for efficient negotiation, drafting, approval, and execution of a high volume of time-sensitive contracts.

 

  • Consultation and drafting for specification sections and development proposals.

 

  • Negotiation and drafting of ancillary construction-related agreements and documents, such as amendments, asset purchases, building permits, certificates (completion, partial completion, substantial completion), change orders, complex energy-related swaps, confidentiality, consulting, easements, ex-patriot, equipment, Freedom of Information Act (FOIA) requests, information technology (IT), intellectual property (IP), internet access, joint ventures, leases, logistics (by air, land, rail and sea), master service, mechanic’s liens, non-disclosure, operations, outsourcing, payment applications, power purchase (PPA), procurement, project labor, requests for information (RFIs), requests for qualifications (RFQs), requests for proposals (RFPs), rights-of-way, services (consultants, food, security, transportation), settlement, sourcing, supply, supply chain, teaming, transportation, telecommunications.

 

  • Development and implementation of ancillary construction-related contractual templates and boilerplate agreements.

 

  • Negotiation and drafting of agreements for complex construction-related entities, such as joint ventures, design-build partnerships and public/private partnerships.

 

  • Negotiation and drafting of construction-related commercial agreements (such as for supply, various types of IT and IP, equipment and services purchase, and complex energy-related), various real estate-related agreements (leases, easements, licenses, rights-of-way, and preparation of abstracts thereof) and other common operational legal documents (such as confidentiality agreements).

 

  • Negotiation and drafting of easements, licenses, commercial and industrial leases and subleases and preparation of abstracts thereof as required for assembly, storage or lay-down areas.

 

  • Negotiation and drafting of design services requirements contracts (such as for healthcare, senior living, higher education, government, hospitality, residential, and mixed use projects, both domestic and international).

 

  • Consultation regarding terms and conditions for government prime contracts and subcontracts, teaming agreements, joint ventures and other business arrangements.

 

  • Provides legal support services to management and various departments of the enterprise, and periodic reports regarding statutory developments and case law.

 

  • Identified risks and issues in contract terms and suggested alternatives for successful closure of negotiations.

 

    Last_updated 210725_1509 

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