Construction Litigation

The Baker & McKenzie Construction Practice Group has international practices in construction law and litigation, providing full range of services to owners, general contractors, construction managers, engineers, architects, subcontractors and material suppliers in matters involving contract drafting, contract negotiations, breach of contract claims, claims for extras, delay, disruption, loss of productivity, out-of-scope work and claims involving mechanic's liens. The Construction Practice Group also has extensive experience in defending engineers, architects and contractors in claims alleging errors and omissions, construction-related deficiencies. In addition, Baker & McKenzie provides owners, contractors and engineers with the most sophisticated finance, tax, environmental and commercial law advice. We believe that few law firms, if any, can match the capabilties of Baker & McKenzie in construction matters.

The Baker & McKenzie Construction Practice Group provides a full range of legal advice to construction and engineering clients with respect to:

• Major Projects. We represent U.S. and international developers, banks and other financial institutions, governments and governmental agencies in a variety of areas relevant to major projects and project financing transactions, including privatization, foreign investment, joint ventures, taxation, construction, government relations, property, industrial relations, environmental liability, litigation and arbitration. Projects on which the Group has advised include the development and financing of power stations, toll roads, airports, other transportation facilities, oil and gas pipelines, mining facilities and telecommunications infrastructure projects. In 2000, Baker & McKenzie provided legal representation relating to 169 privately financed infrastructure projects for a total value of $18,214,000,000.
• Contract Documentation. We provide clients with advice on the structuring of projects and risk allocation, the drafting and negotiation of construction and engineering contracts, including bid and contract conditions, warranties, bonds and associated commercial agreements such as joint venture documents.
• Claim Preparation and Submission. We assist in the preparation of a formal request for an equitable adjustment to the contract price or in the response to such a request, either during the project or at project completion. Such claims may include an analysis of all pending and rejected change order requests and all delay related damages, such as additional equipment and manpower costs, extended job site overhead, extended home office overheads, escalation and loss of productivity
• Project Monitoring. We can assist project personnel in properly documenting and responding to claims, preserving and identifying all costs associated with extra work items and assisting in project close-out. We can ensure that contemporaneous field records documenting the causes of delay are kept and costs are segregated and tracked.

Current and recent litigation and arbitration involving members of the group includes:

• We represented a national environmental engineering firm in the defense of environmental, construction and toxic tort litigation claims brought by the City of San Antonio, Texas, and hundreds of individuals arising out of the construction of the 65,000 seat Alamodome stadium on a lead contaminated site.
• We represented a cogeneration developer in the defense of two companion cases in state and federal court seeking $120 million in damages arising out of a failed cogeneration project.
• We represented a large privately held pipeline and co-generation facility developer in the defense and prosecution of multi-million dollar construction delay claims against an international design contractor arising out of the construction of a cogeneration plant.
• We are representing a broad coalition of construction industry associations in state and federal court litigation against the Texas state environmental agency seeking to declare invalid rules promulgated in an effort to cause Houston, a severe non-attainment area, to comply with the Clean Air Act's National Ambient Air Quality Standards for ozone.
• We are representing plaintiffs in litigation against contractors and other persons later indicted for criminal fraud in claims arising out of fraudulent construction invoices factored to investors and to banks.
• We represented architectural and engineering firms in the defense of malpractice claims.
• We represented the owner and manager of hotels in prosecution of multi-million dollar construction claims against a national general contractor and subcontractor arising out of defective window wall system design and installation at a major airport hotel.
• We represented a grocery retailer in defense of multi-million dollar delay claim arising out of the construction of its distribution center.
• We represented a nationwide manufacturer of specialty steel products in prosecution and defense of delay counterclaim arising out of the construction of terminal at Houston's Bush Intercontinental airport.
• We represented a general contractor in prosecution of delay claims attributable to interference with the general contractor's ability to complete road project.