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Construction

Overview

Smith Anderson is a market leader in construction law matters, having been involved in many of North Carolina’s largest and most complex private commercial and public construction and infrastructure projects. Attorneys in our construction and infrastructure practice regularly counsel owners, contractors and design firms on all stages of design and construction, including contract preparation and negotiation, risk management, claims avoidance and administration. Through mediation, arbitration and litigation, we also help clients resolve construction-related disputes and bond, lien and insurance claims, if needed.

Our market reach is regional and, in many respects, national and international in scope. Team members have advised on projects constructed in over 25 U.S. states, the U.K., Brazil, Argentina, Canada, Puerto Rico, Guam, the Middle East and Africa. Our clients include construction firms; real estate development companies; construction subcontractors; commercial and institutional owners such as pharmaceutical and biotech companies; medical, manufacturing, energy and retail companies; publicly traded REITs; and select public owner entities, including airport and water authorities, and utilities. Additionally, our firm’s project portfolio includes representation on significant highway, airport, rail and other public infrastructure projects; utility scale energy and renewables projects; major mixed-use, multi-family and retail developments; and high-rise office buildings. 

We are among the best real estate development law firms in North Carolina. Specifically, our Construction practice is recognized by industry-leading ranking publications, including Chambers USA: America’s Leading Lawyers for Business; U.S. News & World Report and Best Lawyers® “Best Law Firms”; and The Best Lawyers in America© which named one of our lawyers Construction Law “Lawyer of the Year” for Raleigh.

Sources who were interviewed by Chambers commented: "They are very diligent, know their material and are very easy to work with as they are good at breaking down lots of difficult legal language into a digestible form" and "The positive experience of working with this firm is what stands out, not just their skills as attorneys."

The combination of our broad construction experience coupled with our firm’s deep resources in related areas such as Commercial Real Estate, Government Contracting, Environmental, OSHA, Land Use and Zoning, Corporate Relocation and Expansion and Government Relations, has differentiated Smith Anderson from other North Carolina law firms offering construction legal services. 

Experience

Representative Experience

  • Representation of national contractor in successful bid dispute resulting in award to client of contract for North Carolina's first light rail project
  • Representation of prime contractor on bid and all other legal issues related to North Carolina's first Turnpike Authority highway construction project ($400 million I-540 extension project)
  • Representation of large pharmaceutical company in connection with construction and development of its world headquarters located in Research Triangle Park area of North Carolina
  • Representation of national prime contractor on risk management and claims issue related to $480 million airport terminal project
  • Representation of municipality in connection with claims and litigation involving $110 million island-wide sewer system project
  • Representation of developer in state court litigation involving construction defect claims in a 140-unit town home complex
  • Representation of Fortune 500 company on design-build engineering, procurement and construction (EPC) agreement for construction of "next generation" nuclear power plant project estimated at $4 billion
  • Representation of large medical practice on design-build agreement for construction of $20 million medical facility
  • Representation of international contractor in litigation with government prime contractor arising from performance of the Communications Sector Design/Build Services IDIQ Project in Iraq
  • Representation of pre-cast concrete subcontractor in federal court litigation involving a $40 million state prison construction project
  • Representation of national contractor on bid issues and claims arising from a $140 million state and federal interstate highway project
  • Representation of manufacturer and distributor of specialty pharmaceutical products in negotiations and preparation of design and construction contracts for the construction of an approximately $80 million manufacturing facility
  • Representation of national contractor in dispute involving airport authority and national concrete contractor in connection with a $10 million airport aircraft taxiway-bridge project
  • Representation of Fortune 250 company in negotiations and preparation of engineering, procurement and construction (EPC) agreements for the construction of three solar facilities, totaling 128 megawatts of capacity
  • Representation of contractor in dispute arising from construction defect claims involving construction of a $48 million performing arts center
  • Served in general counsel role for national general contractor on challenging Public Safety Center project including bid, bond, and subcontractor default issues, as well as design and scheduling-related claims and project closeout issues
  • Representation of owner/developer on design and construction agreements for new construction of a national brand hotel
  • Representation of surety in engagement of replacement contract and completion of multi-million-dollar public utility projects
  • Representation of surety in prosecution of defaulted bond principal’s claim against government-owner for nonpayment for work, securing significant recovery for surety

Services

Services

  • Contract drafting and negotiation
  • Owner-Contractor-Subcontractor disputes (mediation, arbitration, litigation)
  • Federal, state and local government contracting, procurement and bid disputes
  • Lien issues and enforcement
  • Surety bond and insurance matters (including “Miller” and “Little Miller Act” experience)
  • Construction defect and product litigation
  • Architect and engineer representation and claims
  • Creditors’ rights, collections and bankruptcy protection
  • Commercial landlord-tenant upfit, leasing and dispute resolution
  • Licensing issues

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