Construction law is fundamentally contract law. Knowledge of statutes and court rules is critical on construction projects, but the scope of a project, the payments to be made for labor, materials and services, and the allocation of risks and responsibilities among the project participants are primarily determined by contracts and related attachments and administrative documents. Our services include review, drafting and negotiation of design contracts, construction contracts, supply contracts, equipment leases, loan agreements, security agreements, disposal contracts, consulting agreements, bonds and surety indemnity agreements, takeover agreements, and project-specific and manuscript insurance policies. We also assist clients with contract modifications, change orders, notices, receipts, bills of sale, storage agreements, and other similar project-level transactions that keep a project moving.

The optimum allocation of construction responsibilities, incentives and risks depends fundamentally on the contractual arrangements and the project delivery system chosen for the project. Selecting the correct project delivery system can make or break a project. Our lawyers are students of project delivery.

Our firm has broad experience with the public and private procurement rules in North Carolina and the project delivery systems that may be used on public projects. We are familiar with the professional and occupational licensing laws in North Carolina and the impact those laws can have on project delivery. We have worked closely with many clients to implement traditional single-prime design-bid-build projects, multi-prime projects (both with and without a construction manager), CM at risk projects, public-private partnerships and EPC and design-build projects. Once the project delivery system is determined, our members have experience negotiating all of the project-level transactions needed to deliver a project.

Usually, we are called upon for assistance with the contracts on a specific project, but we have also drafted form design and construction contracts and subcontracts for many clients, including contractors, design professionals and owners. We appreciate these opportunities for several reasons. First, we have a chance to fashion contracts that suit our clients’ individual policies, needs, and tolerance for risk, which might not be addressed sufficiently in standard forms such as AIA, ConsensusDocs and EJCDC. Second, we are able to help our clients integrate their standard contracts with ancillary documents such as payment applications, lien waivers and releases, and insurance policies. Finally, because we are familiar with the office systems and forms being used by our clients, we can respond more quickly to requests for assistance on specific contracts for specific projects.

Representative Matters for Contracts