Construction
“They are conscientious and responsive when I have questions and they tell me what I need. They always say ‘here’s what you need to know’. They have been good to us; so far we’re batting a thousand with them.”
– Chambers USA client feedback
Cohen Seglias has a significant presence in the construction industry representing construction and construction industry-related businesses. Over the past 30 years, we have grown from a three-attorney practice to one of the largest construction practices on the East Coast. Our nearly 50 fulltime construction attorneys represent more than 1,000 clients in the industry, including managers, general contractors, suppliers, design professionals, and a wide range of specialty trade subcontractors such as electrical, mechanical, concrete, flooring, and architectural glass. Over the years, we have worked for our clients on all types of projects, including bridges, water treatment plants, petrochemical plants, dams, highways, major office buildings, stadiums, hospitals, shopping centers, condominiums, government buildings, airports, factories, and schools.
We have a record of success from our “boots on the ground” experience, and we achieve results by speaking the same language as our clients. Prior to practicing law, many of our attorneys worked in the construction industry and a number hold degrees in construction-related fields such as architecture and engineering. We hold leadership positions in many local, regional, and national construction industry organizations and serve as counsel to the American Institute of Steel Construction, the Architectural Glass and Metal Association, the Mid-Atlantic Steel Fabricators Association, the Utility and Transportation Contractors Association of New Jersey, the National Electrical Contractors Association – Penn-Del-Jersey Chapter, the American Subcontractors Association of Western PA, Associated Builders and Contractors – New Jersey Chapter, Associated Builders and Contractors – Eastern Pennsylvania Chapter, and the Construction Industry Advancement Program of New Jersey. We also regularly participate in many other construction organizations, all of which give us valuable insight into the current challenges contractors face. This allows us to assess problems quickly and assist clients with the tactical and strategic decisions that make the difference between a project with problems and one that is completed successfully despite the challenges they face.
At Cohen Seglias, we are involved in all phases of construction projects. We have extensive experience at the federal, state, and local levels, working to resolve virtually every issue that may arise. Our attorneys also work with clients to answer day-to-day questions on a wide variety of matters, including:
- Bid protests and bid withdrawals on public projects
- Disputes involving complex operational and financial issues
- Losses of efficiency such as delay, disruption, and acceleration claims
- Construction changes and differing site conditions
- Lien and bond claims
- Contract negotiation and document preparation
- Surety bond claims
- Contracting at the federal, state, and local levels
- Affirmative action and hiring goals on construction projects
Many construction contracts involve issues that ultimately lead to a claim, whether it be for money, a time extension, or both. These claims are important not only because they can lead to the recovery of funds, but they can also help negotiate offsets against claims asserted by other parties. Our attorneys recognize potential claims early and help our clients take the necessary steps to preserve and support them. We help our clients handle claims including those for losses of efficiency, delays, unforeseen conditions, disruptions, accelerations, and payment disputes.
We help clients review, negotiate, and draft the various documents utilized in construction projects including contracts, finance agreements, purchase orders, payment applications, change orders, bonds, insurance policies, releases, and mechanics’ lien waivers. With our knowledge of the construction industry and our experience litigating issues relating to contractual language, our attorneys help protect our clients’ interests, minimize their risk and exposure, and ultimately avoid future disputes.
When issues arise, our clients turn to us to address them in a productive and cost-effective manner while always considering and protecting our clients’ interests. Our construction attorneys are experienced in all types of dispute resolution, including negotiation, mediation, arbitration, and litigation. We represent clients in a wide variety of disputes including payment issues, change orders, constructive change directives, releases, and exculpatory clauses. We routinely appear before governmental boards and regulatory agencies and argue before state and federal trial and appellate courts across the United States.
The timing, processes, and requirements for mechanics’ liens and bond claims vary from state to state and often depend on the language of the bond and contract. Our attorneys assist our clients when faced with various claims including prompt payment claims, payment bond claims, performance bonds, and payment bonds. With attorneys licensed across the country, we understand the complexities of these claims and are equipped to provide clients with sound advice to ensure that their rights are protected and claims are filed in a timely and proper manner.
We regularly represent clients involved in the public bidding and procurement process. Our attorneys understand the various state statutes and regulations that dictate public procurement and are committed to upholding bidding standards. Specifically, we represent clients in bid protests that challenge bidder responsibility, responsiveness, and compliance with bidding requirements. When necessary, we seek injunctive relief to ensure that a level playing field is maintained throughout the bidding process.
In addition to working with bonding companies when we counsel our construction clients, Cohen Seglias represents sureties on both public and private construction projects where bid bonds, payment bonds, performance bonds, or maintenance bonds have been issued. We counsel our bonding company clients from their initial involvement with a project to the resolution, helping them achieve the best possible outcomes by identifying the issues on a troubled project as quickly as possible. When a surety faces issues, we help mitigate losses, find the best replacement contractors, satisfy its obligees, and make the right legal and business decisions as cost effectively as possible.