The construction industry has been the foundation of economic America in the 20th century, and continues to be a dominant force in the global economy into the 21st century.
Gilbert PA, Attorneys at Law provides a range of legal services to the construction industry through its Construction Law Practice. For many years, our construction lawyers have counseled public and private owners, construction firms, contractors, suppliers, architects, and engineers in transactions, business operations, finance, tax, employment and labor union negotiation, insurance, regulatory and environmental filings, arbitration, mediation, and litigation. Clients involved in construction and engineering rely on our solid business experience and legal knowledge to serve their needs.
Focusing Our Skills to Counsel and Advise
Our attorneys combine sound understanding and practical experience in construction law with familiarity with the customs, practices, and traditions of the construction industry to counsel clients engaged in all industry sectors. We provide assistance in the origination, documentation, and finance of all types of transactions; projects, joint ventures, and developments; and resourceful, cost-effective representation in dispute prevention and avoidance, dispute resolution, and litigation.
Our construction attorneys advise clients' boards of directors and officers on general business matters. We also provide counsel on local, state, and federal tax laws and the intricacies of doing business in various states and countries.
We have the focused skills to handle insurance issues and national, state, and regional regulatory compliance problems, offering additional filing assistance and periodic review. We are skilled at assisting with environmental compliance and permitting at all governmental levels.
Our clients rely upon us for advice for public and private debt and securities offerings, employee stock option plans and other securities, corporate finance advice, and investment management counsel.
Perhaps more than any other industry, construction firms rely on skilled labor, and competent and creative management. For that reason, our construction law legal services include assistance with internal employment policies, labor and union
negotiations, employment contracts, compensation and benefits, workers' compensation, and responses to employee claims and charges.
Understanding Your Business to Reach Your Goals and Objectives
Our construction lawyers understand the business of our clients. We often work with them on the bid process, including bid protests. We negotiate and draft contracts for architects, engineers, suppliers, contractors and subcontractors, and state and local governments. We are well-versed in all project delivery systems.
Our construction-related litigation and dispute resolution experience is extensive, including environmental issues; subrogation claims; insurance problems; condominium rights; easements and condemnation matters; delay and disruption claims; construction defects; design deficiency; tax issues; indoor air quality; and appeals. We work at our clients' direction, within budgets, and at the level of activity necessary to achieve our clients' goals and objectives.
Take Advantage of Our In-Depth Environmental Experience
The management of environmental concerns has become crucial in all contemporary land use, development, and redevelopment projects in all parts of the United States. Our construction attorneys have in-depth environmental experience, having served as general legal and environmental counsel to water management districts, utilities, airports, resorts, municipalities, and other governmental entities. We have been influential in participating on our clients' behalf in the definition of several states' environmental rules and policies, and construction and insurance regulation.
Identifying and Resolving Your Growth Management Issues
Our lawyers work regularly with growth management issues, such as concurrency, consistency and annexation, and have developed the ability to identify and resolve client problems, ranging from a simple rezoning to the most complex Development of Regional Impact (DRI) statement.
Accomplished Litigation Services to Best Represent You
Our's litigators are a strong presence in all of the firm's offices. A significant concentration of our litigation practice involves construction disputes handled through our Construction Law Practice.
Generally, Our litigators offer accomplished legal services in all areas of corporate and commercial litigation and dispute resolution, including:
Our Litigation attorneys currently are managing or personally handling cases in nearly every state and in several foreign countries.
Minimizing Your Risk and Expense Through Preventative Counsel
With rare exceptions, litigation involves risk and expense. We work closely with our clients to reduce those uncertainties and focus on handling the case from the client's perspective. Although we take tremendous pride in our courtroom skills, we stress the need for our construction lawyers to work with clients and provide preventative counsel and risk management advice, minimizing exposure to liability. Where litigation is unavoidable, we strive to position the case either for early and prudent settlement or for a decision that will serve the client's goals.
Our litigators work closely with their clients in developing business plans and budgets for complex litigation. We are committed to providing prompt and responsive answers to client inquiries and frequent status reports about ongoing matters. Our goal is to avoid surprises, both in the litigation and in its cost.
We continue to be a pioneer in the use of alternative dispute resolution (ADR), utilizing arbitration, mini-trials, and mediation by third-party industry professionals to avoid the costs and delays of costly construction litigation. The leadership of our Construction Practice is thoroughly versed in all areas of ADR and extremely adept at its use.
Providing Economy Without Sacrificing Quality
The focused knowledge and diversified experience of our construction litigation attorneys allow us to handle even extremely complex matters efficiently. We are committed to "lean" litigation staffing, utilizing lower cost associate attorneys, paralegals, and our clients' personnel where appropriate and handling trial matters with the minimum number of lawyers that is prudent. This philosophy allows us to handle even routine matters on an economical basis without sacrificing the quality of the legal services provided.
A Representation of Our Work
Examples of the types of litigation matters with which Our attorneys have assisted construction industry clients include:
Bid protests and bid mistakes
Project scope disputes
Contract drafting disputes
Claims management disputes
Constructive change orders
Defective workmanship claims
Breach of warranty
Payment bond problems
Performance bond claims
Differing site conditions
Wastewater treatment plants
Heavy industrial and highway
Commercial office buildings
Commercial Contracts and Business Legal Services for Construction Industry Clients
Trust in Our Experience Representing Your Industry
We have represented the business and commercial interests of the construction industry for many years. Many of our construction attorneys serve as general counsel to business and corporate clients and represent the interests of corporations, shareholders, or management on specific matters and in litigation. Our experience includes organization, finance, operations, and dispute resolution. We also represent banks and other financial institutions in their financial operation and activity.
We assist our business and financial clients in their day-to-day transactions and corporate contracts for goods and services. Each construction lawyer provides counsel regarding regulatory compliance, employment and benefits matters, health care issues, intellectual property, international activities, real estate, taxation, litigation, and dispute resolution.
Our attorneys understand and respect our client's budgets and deadlines and charge a fair fee for the services we provide.
Creating Awareness for Antitrust Laws and Guidelines
Doing business in the construction industry means being aware of antitrust laws and their guidelines on how prices are set and the regulation of trade.
Tap into Our Business and Commercial Experience
Our's corporate attorneys are experienced in:
Negotiating and documenting distributorship, sales representation, and franchise agreements and programs
Equipment sales and purchase agreements, as well as equipment leasing
Requirements and supply contracts
Manufacturing and turnkey agreements, technology licenses, and joint ventures
Field service agreements and extended warranty programs
Terms of purchase and sale including electronic data interchange (EDI)
Real estate leasing
Our attorneys also have extensive experience in the numerous specialized issues arising in corporate transactions, including antitrust compliance, dealer termination, and international commercial and contract law. Our construction industry clients often tap our business and commercial experience.
Corporate and Tax Legal Services for Construction Industry Clients
A Source for Comprehensive Tax Planning
Our corporate and tax attorneys counsel and represent clients in general and specialized areas of:
Business organization and operations, including the organization and reorganization of subsidiaries
Franchise and license of protected processes or equipment
Contract bidding, awards, drafting, negotiation, and enforcement
Leasing office space, storage, and equipment
Compensation and employee benefits, pension plans
Insurance claims and risk management programs
Labor and union negotiations and contracts
Mergers and acquisitions, expansions, and sale of the business or subsidiaries
Finance and industrial revenue bonds
In the area of corporate taxation, our lawyers provide tax planning and advice on the tax advantages and pitfalls of proposed mergers, acquisitions, dispositions, and transactions. We provide counsel and assistance in recapitalizations, redemptions, liquidations, and corporate reorganizations, and have particular experience regarding the tax consequences of executive compensation and estate planning, partnerships, tax shelters, leasing, and real estate. One particular refinement of our practice is the ability to serve nationwide clients on a state-by-state basis concerning corporate and tax issues relevant to their businesses. Our involvement on legislative committees of trade groups allows us to identify trends and legal matters that are important to our clients.
A Sampling of Our Services
Here are just a few examples of the types of services that Our attorneys can provide in corporate and tax matters:
Counseling clients concerning preservation of closely held status through the use of stock restrictions and buy-sell agreements
Assisting clients with all tax compliance and filing issues, ranging from routine preparation of returns to detailed and complex tax compliance issues at the local, state, and federal levels
Representing clients in all types of tax controversies with both state and federal taxing authorities including audits, appeals, and tax litigation
Environmental Law Services for Construction Industry Clients
Uniquely Qualified to Address Your Environmental Concerns
Quality legal service in this field requires a thorough understanding of the laws and regulations that affect particular environmental issues, and the administrative context in which these issues arise and are often resolved. The academic backgrounds and professional experience of our environmental attorneys are exceptionally strong and diverse.
Extensive contacts with regulators in the United States Environmental Protection Agency, the Federal Energy Regulatory Commission, the United States Army Corps of Engineers, the environmental agencies of numerous states and strong working relationships with a number of well‑respected engineering consultants, make our Environmental Regulation Practice uniquely qualified to provide businesses and individuals with practical, cost-effective, and lasting solutions to their environmental challenges. The full resources of the firm are available to clients served by any of our offices, departments, or groups.
Areas of environmental law practice of particular interest to construction, architect, and design clients include the following:
Assisting You With Environmental Compliance
Environmental laws and regulations affect virtually every business. The Environmental Regulation Practice can assist businesses in identifying and obtaining the necessary permits and licenses, and resolving disputes with regulators in a cost‑effective manner. Our environmental law attorneys have experience with all relevant federal and state environmental regulations, and have often helped participate in drafting and implementing them.
Monitoring Your Property Transactions
A broad range of activities in the normal course of business, including the sale or purchase of real property, mergers and acquisitions, and credit transactions can give rise to significant environmental risks and liabilities. our environmental attorneys regularly perform "due diligence” environmental audits of facilities for sale and purchase, review proposed transactions for environmental implications, and negotiate the resolution of identified environmental issues.
Handling Your Insurance Coverage
Increasingly, construction industry companies look to their insurers for coverage of the often-significant costs of environmental remediation under the federal Superfund law and similar state statutes. The Environmental Regulation Practice attorneys have experience handling insurance coverage issues.
Advice on Solid and Hazardous Waste Issues
Some of the most challenging problems for construction and contractor companies today involve the minimization and handling of solid and hazardous wastes. Our environmental attorneys regularly advise clients on the legal alternatives for waste minimization, recycling, and waste handling and disposal.
Aiding Wetland Development
Federal and state authorities strictly regulate the development of wetland areas. Regulation can result in takings of property, for which owners are entitled just compensation. our environmental attorneys can assist clients interested in the development of wetland areas.
Litigating Environmental Matters
Attorneys in our nationally known Litigation Department work with the Environmental Regulation Practice to provide representation in environmental litigation matters in federal and state courts, including civil and criminal enforcement actions, government and private Superfund cleanup, cost recovery and allocation suits, toxic tort and nuisance claims, and enforcement of insurance contracts to provide coverage for environmental remediation costs.
Representing Your Interests During the Environmental Law-Making Process
Through trade and business associations or by virtue of individual interests, businesses in the construction and related industries are often called upon to participate in the development of new environmental laws and regulations. The Environmental Regulation Practice provides legislative and regulatory services to ensure that clients' interests are represented in the lawmaking process.
Guiding You Through Land Use Permitting and Enforcement
Environmental and permitting concerns have become a focus in all modern construction projects. Our construction attorneys have in‑depth experience in this area, ranging from simple rezonings to the most complex growth management and permitting needs. Working closely with engineers and environmental experts, our attorneys have been influential in defining environmental rules and policies. Our is prepared to guide clients through the pitfalls of the permitting and enforcement process before local, regional, state and federal agencies, encompassing growth management issues, annexation, rezoning, and regional impact statements
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