Overview
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
- Ambulatory surgery centers
- Behavioral health facilities
- Stand-alone emergency departments
- Skilled nursing facilities
- Urgent care clinics
- Cancer treatment centers
- Medical office buildings
- Dental clinics and offices
- Research facilities
- Imaging and radiology centers
- Rehabilitation centers and other post-acute care facilities
Deep Insight
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.
Read less
Focus Areas
Experience
Contacts
- Member of the Firm
- Member of the Firm
Media
Events
Past Events
- Spring 2024
- Spring 2024
- Spring 2024
- May 18, 2023
Insights
Insights
- Media CoverageNashville Business Journal Counts Epstein Becker Green Among Largest Law Firms in the Region1 minute read
- Firm Announcements
Six Epstein Becker Green Attorneys Named to the 2023 Mid-South Super Lawyers and Rising Stars Lists
10 minute read - Firm AnnouncementsEpstein Becker Green Announces 2024 Promotions6 minute read
- Media CoverageChris Dunn Featured in “Navigating the 'Unpredictable Construction Contract Landmines'”8 minute read
- Firm AnnouncementsEpstein Becker Green’s Jeremy Oliver Selected as a 2023 “Best of the Bar” Honoree2 minute read
- Media CoverageChris Dunn Discusses Nashville Healthcare Construction Trends and Updates6 minute read
- Firm Announcements
Five Epstein Becker Green Attorneys Named to the 2022 Mid-South Super Lawyers and Rising Stars Lists
9 minute read - Media CoverageOffice Snapshot: Epstein Becker Green's New Nashville Outpost3 minute read
- Media CoverageNashville Boom, Health Care Fuel Epstein Becker Green Growth Bet3 minute read
- Media CoverageChris Dunn Quoted in “The Dotted Line: Cost Escalations Lead to More Disputes”2 minute read
- Media CoverageChris Dunn Quoted in “$838M Neurosciences Center Breaks Ground in Connecticut”2 minute read
- Publications“Getting the Cart Before the Horse” – Failing to Integrate Federal Reimbursement Requirements Into the Programing ...2 minute read
- Firm AnnouncementsEpstein Becker Green’s Jeremy Oliver Selected as a Fellow of the American Bar Foundation2 minute read
- Media CoverageEpstein Becker Green Featured as One of Nashville’s Largest Health Care Law Firms1 minute read
- Media CoverageJeremy Oliver Featured in “40 Under 40”1 minute read
- Media Coverage
Epstein Becker Green Attorneys Elected to Law360’s 2022 Editorial Advisory Boards
4 minute read - Publications#WorkforceWednesday: Health Care Construction Workers and Vaccination, 2022 Wage and Hour Laws, Follow BIPA Rules ...3 minute read
- Media CoverageFrank Morris, Chris Dunn Quoted in “CMS’ Vaccine Rules Lay Out Staff Deadlines, How to Handle Hold-Outs”2 minute read
- Firm AnnouncementsEpstein Becker Green’s Jeremy Oliver Named One of Nashville’s “40 Under 40”2 minute read
- Media CoverageLaw360 Feature—Epstein Becker Green Adds Health Care Construction Group in Tenn., IP and Privacy Attorney in Ohio ...3 minute read
- Media Coverage
Epstein Becker Green’s Addition of Health Care Construction Law Attorneys Featured in the Nashville Post
2 minute read - Media CoverageEpstein Becker Green Featured in “Midsize Law Firms Kick Off Expansion and Merger Deals in 2022”1 minute read
- Firm AnnouncementsEpstein Becker Green Adds Construction Law Group to Its National Health Care Practice6 minute read
Related Professionals
Our Health Care Construction Law team draws on multidisciplinary resources at Epstein Becker Green, including ADA attorneys Frank Morris and Joshua Stein and corporate attorneys Andrew Kaplan and Alan Kleiman.