The building or renovation of a health care facility is a complex undertaking, with numerous legal risks and potential pitfalls, requiring the guidance of skilled attorneys to bring the construction project to a successful conclusion.
Epstein Becker Green attorneys deftly navigate project owner and developer clients in the health care industry through every phase of the construction process, from concept to completion.
Advice and Services to Meet Your Needs
From project inception through design and construction to project closeout, we serve as our clients’ “go to” advisor for construction-related legal and business issues. Among other things, we:
- advise on development planning;
- prepare and negotiate design agreements, construction contracts (including insurance-related provisions), subcontracts, and bids;
- advise on contractor selection, construction insurance, and compliance with environmental, zoning, code, licensing, and other statutory regulations, as well as National Fire Protection Association (NFPA) 101 Life Safety Code requirements;
- assist clients with construction operations, such as change orders, delays, unexpected conditions, and more;
- handle construction-related employment issues; and
- represent clients in design- or construction-related disputes and claims, whether through mediation or arbitration or in court.
Experience Where It Counts
Clients with sophisticated construction projects, including publicly traded and privately held hospital companies, publicly traded health care real estate investment trusts (REITs), psychiatric hospitals, and rural public hospital authorities, among others, appreciate that we have the transactional and litigation experience, as well as the knowledge of facility licensure and accreditation (including the Medicare Conditions of Participation, accrediting body standards, and state law requirements), to handle all aspects of their project. Whether the project involves brand new hospital construction, a complex renovation to incorporate new health care innovations and technology, or an expansion, reconfiguration, or retrofit of a medical office building, dental facility, ambulatory surgery center, cancer treatment center, or other health care facility, we use our know-how, enthusiasm, and ingenuity to help clients achieve efficient, cost-effective, and original outcomes. For example, in the transactional context, we provide custom agreements tailored to the client’s needs. In dispute resolution, we drive results through conscientious evaluation at the earliest stages of a conflict and ultimately at trial or in arbitration hearings.
Our team regularly advises health care and life sciences owners that expand, renovate, or build facilities, including:
- Hospitals and health systems
- Outpatient facilities, including ambulatory surgery centers
- Medical office buildings
- Dental facilities
- Oncology providers
- Freestanding emergency departments
- Imaging and radiology centers
- Rehabilitation centers and other post-acute care facilities
Construction projects work on strict timelines with high stakes. Clients depend on our attorneys for their robust and in-depth knowledge of the construction industry to guide them through the nuanced planning stage and to advocate on their behalf if problems arise during or after the build phase. Clients value our ability to speak the same language as construction managers and contractors, explain construction terms and practices in a clear and understandable way, and provide context for the business decisions our clients will confront.
Guidance for Projects in the United States and Abroad
Although we have handled health care construction projects in almost every state in the nation, our clients are not limited to projects within U.S. borders. International companies wanting to bring their projects to the United States, as well as U.S. companies desiring to get their projects off the ground overseas, also seek us out for advice and representation.
Strategic Advice on Sustainable Construction
Implementing environmentally friendly or “green” building design allows hospitals and other health care facilities to decrease their overall energy usage, lower energy costs, and help improve patient and employee health. For owners and developers of health care facilities interested in going green, we provide advice on green building construction and retrofitting issues, the U.S. Green Building Council’s Leadership in Energy and Environmental Design (or LEED®) health care rating system, the U.S. Environmental Protection Agency’s Energy Star home certification, and other green building practices.
Focused on Early Resolutions, but Ready for Trial
In construction, time is money. Each year, unresolved disputes cost hundreds of millions of dollars in opportunities, lost profits, and penalties. Because litigation can be expensive and time-consuming, we help clients find solutions to end construction disputes at the earliest possible stage. But when litigation is necessary, we are trial-ready and trial-tested. We have litigated a wide array of construction matters, including construction design and workmanship defects, negligence claims, breach of contract and warranty claims, construction-related environmental and toxic tort claims, and wrongful death actions. Clients also turn to us to handle Americans with Disabilities Act and Occupational Safety and Health Act violations, bid protests, and concealed and differing site condition claims.