Commerical Construction

Commercial construction has a vernacular all its own.  When you contact a construction law attorney at   Hammargren & Meyer, P.A., you will not be spending your time and money educating your attorney on construction terms, design details, construction methods, contract clauses, and claim situations.  Having worked in the construction and surety industries before becoming construction law lawyers, we have a solid understanding of the entire process of a commercial construction project from initial planning to grand opening. Paul Meyer, one of the founding partners of the firm who has two decades of construction law experience, is also a registered professional engineer with ten years of consulting experience as a civil engineer. His background as a consulting engineer has proven invaluable in the firm’s representation of clients involved in commercial construction and contractor claim matters.  The other founding partner, David Hammargren, came from the surety industry and has also worked in-house as general counsel to a highway/heavy and utility contractor.  Our understanding and experience include, but are certainly not limited to, the following:

• Project Delivery Methods and Agreements:  Whether your project involves the traditional project delivery system of the tripartite relationship of design professional-owner-general contractor, design/build, or involves the use of multiple prime contractors or either “at risk” or agency construction managers, we know the benefits and pitfalls of each delivery system and how to best protect your interests.  We can also assist you in the development of project specific joint venturing or partnering agreements that can open new doors to construction opportunities.
• Bid Preparation / Bid Protests:  The bidding rooms of contractors and subcontractors in the commercial construction arena are often frenzied places on bid days.  Mistakes can and do occur, and bidders occasionally fail to follow the bid instructions.  These problems need not be financially devastating.  The law provides opportunities to obtain relief from mistakes, to enforce reasonable reliance on sub bids, and to challenge suspect or nonconforming bids on public projects.  We can advise you on these critical pre-construction issues and help you best understand your options and risks.
• Contract Drafting and Negotiations:  The law will generally enforce the contractual agreements of commercial parties who have bargained at “arms length.”  We can review or draft your contracts and subcontracts and provide you with sound counsel on recognizing and minimizing the impact of contract “murder clauses” and how to best protect your project interests in the contract drafting and negotiation process.
• Insurance and Surety Bonds:  Commercial General Liability, Builders’ Risk and other insurance coverages and, on many projects, performance and payment bonds are critical components to the success of any commercial construction project.  We understand these insurance and bond issues, and can assist you in best positioning yourself to assert valuable rights and obtain needed protections under these policies and bonds.
• Project Management and Records:  Effective management and control of your project is critical to success.  An understanding of your contract documents, a good working relationship with all members of the construction team, an ability to recognize claim issues when they present themselves, and an effective and timely communication and documentation of project claim situations are all vital components of your project bottom line.  We can consult with you and will arrange for the presentation of cost-effective seminars at your place of business that will teach your employees how to recognize, document and assert project claims, teach them the importance of knowing your contract documents, and teach common sense approaches to documenting your work, the job, and your costs and your claims.
• Claim Identification and Documentation:  A project rarely proceeds through completion as planned and without problems.  Changes in your work are often requested or ordered in the field, unexpected or differing site conditions can slow or sometimes completely stop your progress, trade contractors may interfere with your work or default from the job completely, design professionals or construction managers may exceed or abuse their authority. These are just a few of the many situations that result in additional cost, delayed progress and late completion.  We know that time translates into money. We will work with you on an early recognition of claims and possible claim situations and advise you on your legal rights and your risks.  As importantly, we will help you properly document the claim, both on issues of liability and damages.  A successful claim requires reliable proof that must be initially developed from your job and field records.  We can assist you in gathering that documentation and asserting your claim rights in a manner that will secure an early and equitable result for all parties involved.
• Defense of Claims:  You can and will also be the target of claims from others.  Just as we can assist you in the assertion of claims, we are also skilled atthe equally valuable task of developing solid contractual, legal, and factual defenses against claims made against you.
• Design Errors and Omissions:  Projects may be delayed or disrupted by faulty design documents and delayed or ineffective communication from design professionals.  Once the gang boxes are packed and the final project approvals given, construction projects may also exhibit defects and failures.  Many times these issues involve a failure to meet the appropriate standards of care within the design profession.  We work closely with consulting design professionals who can provide an early assessment of a problem situation and assist in the proper and timely formulation and assertion of claims on your behalf against the responsible professionals.
• Contract/Negligence/Warranty Claims:  In most project situations, there are contractual rights and remedies, warranty protections, and possible claims that a party failed to adequately meet its duty of care to another party.  We have a thorough understanding of this vast universe of legal theories, remedies and defenses.
• Payment and Performance Bond Claims/Mechanics’ Liens:  In the contracting business, cash is king.  Protecting your rights to be paid is a small, but critical, component to your long term success. We can help you and your accounting personnel recognize and understand the paperwork, filings, and notices that are necessary for you to best protect your right to be paid for your work – whether by mechanics’ lien on a private project or payment bond claim on a public project.
• Insurance Coverage:  You buy insurance for a reason and you expect your insurer to promptly pay legitimate claims.  We understand insurance coverages and claims, and can assist you in enforcing your rights under your policies
• Alternate Dispute Resolution (ADR):  An early recognition of claim situations, and getting the parties to the meeting or board room to discuss and resolve such issues or other project disagreements, can be the critical difference between a profitable project and a financially disastrous project.  The construction industry is particularly well-suited to the use of various methods of resolving disputes through procedures and forums other than a courtroom.  Whether it be through early mediation, a neutral evaluation, the use of special masters who have a solid working knowledge of your claim situation, a “mini trial,” or binding arbitration, we know the ropes and procedures involved in creative forms of alternative dispute resolution.  We are skilled mediators and arbitrators who are often selected by peers to assist in resolution of their clients’ disputes.  We also know when and how to pursue such creative resolutions on behalf of our clients.
• Litigation:  The timely and effective resolution of claims can and often does make the difference between your job either making money or losing money.  Sometimes litigation becomes absolutely necessary for you to best protect your rights.  The construction law attorneys at Hammargren & Meyer, P.A. are no strangers to the courtroom.  We are well-staffed and positioned to take virtually any construction dispute to the state or federal courthouse and pursue its resolution through trial and appeal, if necessary.  We work with our clients on cases throughout Minnesota, western Wisconsin, North and South Dakota, and across the country. 

Construction Industry Referrals.

The construction law attorneys at Hammargren & Meyer, P.A. understand that commercial construction contracting can be and often is a highly competitive business that presents both many potential rewards and pitfalls.  Sound advice and guidance from a variety of professionals in the construction law arena - including bankers, insurance and bond agents, safety and regulatory specialists, labor advisors, accountants, and lawyers – are critical components to the financial health and long-term viability of contractors, subcontractors, suppliers, and design professionals.  Our attorneys are well-positioned to assist you with virtually all commercial construction project claims and issues.  As importantly, our construction law attorneys have a wide base of contacts and referral resources and can put you in touch with the particular industry professionals who will be best suited to address and meet your particular business, insurance, financing, and accounting needs.  An early recognition of issues and, where necessary, the ability to promptly engage other construction professionals having the same focus and philosophy as that held by the Minnesota construction law attorneys with Hammargren & Meyer. P.A., is a vital and key component of our commitment to meet your needs and is one of the hallmarks of our history of excellence.

Contact Us for an immediate discussion of any construction bid, contract, project scope or claim situation.