The lawyers in Vaughan Baio & Partners’ construction practice draw upon their extensive experience to help construction managers, general contractors, subcontractors, suppliers and other clients navigate the full array of issues facing the industry today. With significant in-house experience in a variety of roles, our lawyers can provide practical, cost-efficient guidance in the following areas:
LITIGATING CONSTRUCTION AND PAYMENT DISPUTES
When formal disputes are unavoidable, the lawyers in our construction law practice are skilled advocates in the courtroom, zealously litigating to restore the rights and protect the interests of our clients.
CHALLENGING AND PROTESTING BIDS FOR PUBLIC PROJECTS
Our lawyers work with general contractors and subcontractors to challenge unfair and potentially illegal federal, state and local public project bid awards in a timely and efficient manner. We guide them through the decision to take action, gather evidence and assemble materials to support their claims while meeting strict deadlines and protecting them against possible retaliation.
CONSTRUCTION DEFECT CLAIMS
Construction defects can take on many shapes and sizes, from defects in the foundation that result in structural problems to holes in the HVAC vents in the roof that cause significant water infiltration. These flaws lead to liability and insurance coverage claims by and between owners, construction managers and subcontractors. The attorneys at Vaughan Baio & Partners have been substantially involved in resolving these issues, from pressing insurance claims to litigating fault issues in court.
CRAFTING CLAIMS FOR DELAYS AND DIFFERING SITE CONDITIONS
Whether caused by differing site conditions, a party’s fault or job shutdown due to a global pandemic, delays – one of the most common claims in construction litigation – can produce significant costs that range from extended general conditions to consequential damages to liquidated damages. Our construction law attorneys have helped clients resolve delay claims on numerous projects, working closely with experts who are able to track whether a delay is within the critical path to substantial completion.
PRESENTING AND NEGOTIATING CHANGE ORDER CLAIMS
Change orders are necessary on every job to provide for extensions of time, differing site conditions, changes in project design and numerous other circumstances that were not foreseen at the start of the project. The cost involved in covering these changes can often be contested, and we have been involved in helping clients achieve the right result.
ASSERTING CLAIMS AGAINST SURETIES FOR PAYMENT AND PERFORMANCE BONDS
A surety issues payment bonds to protect property owners from exposure to claims from its contractor’s unpaid subcontractors or suppliers. A surety also issues performance bonds to protect owners from the contractor’s failed performance. Our lawyers, one of whom served as in-house claims counsel at a surety, recognize how to engage and harness surety law in a manner that is most likely to achieve coverage.
RECORDING LIENS FOR NONPAYMENT AGAINST OWNERS
Mechanics and construction liens can be cost-effective tools for contractors to record the value of unpaid contractual improvements against the property. We work with clients to ensure proper use of liens that align with strict statutory requirements.
RESOLVING ISSUES THROUGH MEDIATION AND ARBITRATION
Many construction contracts and statutes explicitly require the use of one or more modes of alternative dispute resolution. The lawyers in our construction practice have extensive experience in mediation and arbitration, and their ability to articulate – effectively and persuasively – the material substance of the underlying construction dispute provides clients with a distinct advantage in these situations.
COUNSELING CLIENTS ON RISK AVOIDANCE
The best way to avoid risks and exposure on a project is by way of the contract or subcontract. Our attorneys have the experience and foresight to determine the risks of a given job and protect our clients through a contract’s terms and conditions.