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Epstein Becker Green attorneys offer clients a full range of construction and development services—from project inception through design and construction to project closeout, including advice about project delivery systems, contract formation and negotiation, and counseling throughout the process. We provide representation for all types of development projects—including commercial, industrial and warehouse, mixed-use, office, residential, and retail properties, as well as institutional health care facilities, medical office buildings, and surgical centers—whether they involve new construction or expansions and renovations of existing facilities.

Our attorneys represent private and public sector commercial and institutional building owners, contractors and subcontractors, design professionals, developers, investors, suppliers, and sureties, among others. Our comprehensive services cover the following areas:

  • Project Planning/Contract Formation/Bidding. Epstein Becker Green attorneys:
    • Advise on business plan formulation
    • Prepare and negotiate construction, design, development, and project management agreements; purchase options and rights of first refusal; protective covenants; and reciprocal easement agreements
    • Advise on insurance and bonding issues
    • Draft and negotiate leases, including ground, build-to-suit, and space leases (and subleases), and sale-leaseback agreements
    • Handle all necessary land acquisitions; zoning and land use approvals, including obtaining variances, special use permits, and environmental permits; zoning disputes; and out-parcel sales
    • Assist with special project structures, such as joint venture and teaming arrangements; financial and risk management strategies involving bonds, guarantees, and letters of credit; and construction and permanent financing
    • Manage bid protests, bid withdrawals and reformations, bidder qualification, and state-mandated SBE compliance matters
    • Handle debarments, suspensions, and other legal actions brought by state and federal governments against contracting entities
  • Contract Administration/Dispute Avoidance. Our attorneys:

    • Identify and resolve any problems that arise in real time, such as claims of differing site conditions, design ambiguities, errors and omissions, environmental conditions, project delays and schedule impacts, and the insolvency/bankruptcy of a party
    • Work with clients to prepare and execute strategies for minimizing delay, disruption, and cost
    • Manage the claims process, preserve evidence, prepare documentation, and preserve the client's position for dispute resolution
    • Help clients manage and resolve disputes using such techniques as dispute resolution boards, stepped negotiation, and mediation
    • Represent clients in adversarial proceedings before state and federal agencies and private dispute resolution boards, in arbitrations before the American Arbitration Association, and in litigation in state and federal courts when construction disputes cannot be settled consensually through negotiation or mediation
  • Project Closeout. Epstein Becker Green attorneys:

    • Coordinate the myriad issues arising from the completion of a project, including finance and mortgage commitments, warranty commencement, retainage releases, commissioning and building take-over obligations, inspection of work and punch list completion, and, ultimately, final payment, lien releases and waivers, and general releases
    • Ensure that the client ultimately gets what it bargained for—a successfully completed project, with clear rights and remedies in the event that a party did not properly perform

In addition, our attorneys also provide advice to clients on "green" building construction and retrofitting issues, the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED®) rating systems, U.S. Environmental Protection Agency's Energy Star home certification, and other green building practices. We can help identify and select qualified partners who will comply with applicable green building requirements for maximum benefit as well as prepare all necessary transactional documents involved with green building-related certifications.

Interdisciplinary Approach

Epstein Becker Green also has extensive experience and capabilities in matters that invariably arise during the development and construction process, including, but not limited to:

Whether the project involves building a resort hotel in the Caribbean, adding a wing to a college library in San Francisco, building a hospital, developing a mixed-use project in New York, or something in between, Epstein Becker Green has the resources to meet all our clients' development and construction law needs.

Awards and Activities

  • Several of the attorneys in this practice group are LEED® Accredited Professionals through the U.S. Green Building Council

Industry Focus

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