Design-builders

We assisted our general contractor client to negotiate a multi-phase contract for a $6.5 million project, enabling the client’s project owner, a nonprofit religious institution, to secure expedited financing. The contract took the form of AIA Document A103–2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is the Cost of […]

Our general contractor client, engaged in a $6 million multi-phase project, asked for our assistance in addressing a critical subcontractor delay affecting essential site utilities and infrastructure. The subcontractor’s repeated failure to complete key tasks threatened the project schedule and exposed our client to potential claims from the project owner. We drafted a notice of […]

We represented a general contractor to negotiate a guaranteed maximum price (GMP) contract exceeding $5.5 million with a religious organization, using AIA Document A104–2017, Abbreviated Form of Agreement Between Owner and Contractor. The project presented unique challenges, including religiously mandated work restrictions, a heavily modified Exhibit A (Determination of the Cost of the Work), and […]

We helped a general contractor respond to a detailed Request for Proposal (RFP) for a substantial construction project. The RFP included extensive specifications, including doors / frames, glass / glazing, drywall / carpentry, demolition, acoustical ceilings, flooring, wall finishes, millwork, fire alarm, sprinkler system, plumbing, HVAC, electrical work, and concrete. The project budget exceeded $5 […]

We represented a general contractor to negotiate a two-phase AIA Document A104–2017, Abbreviated Form of Agreement Between Owner and Contractor for a roughly $5 million residential project. The initial agreement set a GMP for Phase 1 (preconstruction and long-lead items), with a modified clause providing for a later GMP Amendment to price Phase 2 (construction) […]

We represented a general contractor to negotiate a $4.6 million stipulated sum AIA Document A105–2017, the Standard Short Form of Agreement Between Owner and Contractor for a luxury residence project in a major city.

We represented a general contractor to negotiate an AIA Document A104–2017, Abbreviated Form of Agreement Between Owner and Contractor with an 11% fee on the Cost of the Work and a guaranteed maximum price (GMP) of around $4.2 million for a luxury residential project.

We represented a general contractor to negotiate an approximately an approximately $4 million stipulated sum AIA Document A104–2017, Abbreviated Form of Agreement Between Owner and Contractor for a luxury residential project.

Faced with a $6.8 million payment dispute and a cybersecurity theft on a critical $35 million automobile manufacturing facility project, our design-build client turned to us for help. The project, involving design and construction of a line for a major automobile manufacturer, was nearing completion, but the outstanding payment threatened our client and its relationships […]

We helped a long-term design-build client undertake a challenging renovation of a hospital facility. This involved addressing pre-existing structural issues in a shuttered hospital, mitigating unforeseen damage from an electrical storm, and meeting evolving design requirements from many governmental regulators within the parameters set by the project owner. Key to our contribution was developing a […]

Serving as outside general counsel for our national design-build client, we provided legal support from project inception through execution on a $15 million renovation of an over 40,000 sq ft medical building into a new behavioral health center. We leveraged our network of construction attorneys nationwide to identify and engage a qualified design and construction […]

Our client, a design-builder, launched a complex $10 million project for a new, nearly 20,000 sq ft facility for a religious organization. Implementing our firm’s comprehensive contract management strategy, built around custom-tailored templates (including AIA Document A141–2014, Agreement Between Owner and Design-Builder, AIA Document B143–2014, Agreement Between Design-Builder and Architect, and AIA Document A142–2014, Agreement […]

We negotiated a $9.75 million AIA Document A141–2014, Agreement Between Owner and Design-Builder for our client, an innovative modular construction company undertaking a complex residential project. The project involved the design and construction of 13 three-unit residential buildings, totaling thirty-nine modular units, delivered and assembled on-site, often in a single day, in a four phase […]

We recorded a complex mechanics lien claim, representing the final payment on an $8 million design-build renovation project in a luxury, high-rise condominium building undergoing a de-conversion to apartments. This already intricate process was complicated by the financial troubles of the entity attempting the de-conversion. Overextended and facing multiple lawsuits, this entity’s disorganization contributed to […]

We recorded a $7.7 million mechanics’ lien related to the extensive renovation of a specialty hospital in a major metropolitan area. Our engagement was undertaken for a leading design-build firm known for its ability to design and build complex projects. This project involved substantial design and construction work, requiring detailed cost tracking and allocation related […]

We used a mechanics lien claim to protect our design-build client’s large investment in a complex, multi-phase renovation project involving extensive demolition and reconstruction. Facing a significant payment dispute, we focused on early, cost-efficient dispute resolution and actively pursued amicable settlements through negotiation and mediation with key project stakeholders. Our goal was to preserve relationships, […]

A global manufacturer’s in-house legal and construction teams chose us for a major expansion of its physical plant. This project involved a capital expenditure of $85 million and a Cost-Plus Guaranteed Maximum Price (GMP) Agreement for engineering, procurement, construction (EPC) and startup. The contractor’s EPC responsibilities were based on performance specification / bridging documents which […]

We represented an owner, developer, and operator of residential, commercial, and hospitality real estate, to negotiate both an Owner-Architect Agreement and Owner-Contractor Agreement for the adaptive reuse of a 22-story high-rise building. For the architect, we used AIA Document B108–2009, Agreement Between Owner and Architect for a Federally Funded or Federally Insured Project, with HUD-required […]

We represented an owner, developer, and operator of residential, commercial, and hospitality real estate, to negotiate an AIA Document B101-2017, Agreement Between Owner and Architect, for a multifaceted adaptive reuse project in a major high-rise building. The project involves converting existing space into about 250 residential units and amenity spaces. The building houses a mix […]

We represented the property owner to negotiate an AIA Document B101-2017, Agreement Between Owner and Architect, for a substantial interior renovation of an existing hotel. The project, with a budget of about $11.5 million for hard construction costs, involves converting the property into a different, extended-stay hotel brand. The scope includes a complete renovation of […]

We represented a real estate investment company and property owner to negotiate an approximately $10.5 million stipulated sum AIA Document A104–2017, Abbreviated Form of Agreement Between Owner and Contractor, to construct an upscale 50,000 sq ft automobile sales and service center.

We successfully guided the owner of a substantial project to completion amidst a multimillion-dollar dispute, enabling it to meet a critical deadline for a single tenant to occupy the entire mid-rise building. The project – conversion of 80,000 sq/ft. retail space into loft offices with retail, restaurant and rooftop amenity space – faced significant challenges […]

We represented a real estate developer and project owner to negotiate AIA Document A102–2017, Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, a multi-phase agreement with a GMP of about $8 million for the historic renovation of an approximately […]

We represented a swim and tennis club to negotiate a roughly $4 million AIA Document A101-2017, Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, and its related AIA Document A201-2017, General Conditions of the Contract for Construction, for pool and clubhouse improvements. The agreement addresses the use of two […]

We advised an investor – a commercial real estate capital provider and wholly owned subsidiary of a leading property and casualty insurance company, in a joint venture with its prominent development partner – on the contracting strategy for a 1.2 million sq/ft Class-A industrial cross-dock facility, which they successfully developed for a build-to-suit tenant, including […]

We represented a commercial real estate investor, a subsidiary of a leading insurance company, in connection with two potential forward deal acquisitions of substantial apartment projects nearing completion. Each project – comprising over 250 units with construction contract guaranteed maximum prices (GMP) each exceeding $35 million – presented the opportunity for our client to secure […]

Representing the development arm of an integrated real estate firm with a portfolio encompassing over $5 billion in projects, we drafted and negotiated the construction agreement for a project in a planned development in a major U.S. metropolitan area. The project comprises a 7-story mixed-use building including around 160 dwelling units, commercial space, and parking. […]

We advised a commercial real estate capital provider and wholly owned subsidiary of a leading property and casualty insurance company regarding Owner-Architect and Owner-Contractor agreements for a substantial multi-building residential project. The new construction project consists of seven mid-rise apartment buildings containing over 300-plus units with over 500 parking stalls and separate amenity buildings. The […]

We advised an architecture firm to negotiate an AIA Document B152–2019, Agreement Between Owner and Architect for Interior Design and Furniture, Furnishings, and Equipment (FF&E) Design Services, for interior design and architectural improvements to a tall tower in the heart of a major city’s business district, within an approximate $2.2M budget.

We represented an architecture firm in preparing an amendment to AIA Document B104–2017, Abbreviated Form of Agreement Between Owner and Architect, expanding the firm’s services to include interior design and furniture, furnishings, and equipment (FF&E) procurement for a luxury residential project. The amendment supplemented the original agreement, clarifying the scope of interior design services, the […]

We represented an architectural firm in contract negotiations for interior design services, using the AIA Document C401-2017, Agreement Between Architect and Consultant, with the lead architect on the project. Our client’s scope encompassed interior design and lighting design for a renovation project within a multi-story building in a major U.S. city. The prime architect on […]

We represented an interior designer to negotiate an agreement for a residential project, with a design fee of around $190,000, from concept development through furniture installation. The agreement included enhanced language protecting the designer as the project owner’s “purchasing agent” for furniture, furnishings, and equipment (FF&E). The owner agreed to reimburse the designer for approved […]

We represented a design firm to negotiate an agreement with a derivatives trading firm for select renovations within their existing two-floor office space of over 56,000 sq ft in exchange for a $150,000 professional services fee. The agreement included interior design, furniture, fixtures, and equipment (FF&E) design, and some architectural services.

We represented an interior designer to negotiate an AIA Document C401-2017, Agreement Between Architect and Consultant, with an international architecture firm for a major casino and hotel project. Our client’s limited negotiating leverage required a strategic approach focused on protecting their interests within the constraints of the prime agreement between the owner and architect. We […]

We represented an interior design firm to negotiate a consulting services agreement with a casino hotel owner for the redesign of a hotel lobby, corridors, and around 65 guest rooms. The project, part of a larger hotel renovation, included conceptual design, documentation and specifications, and installation oversight for furniture, furnishings, and equipment (FF&E). The agreement, […]

Among other things, this template contract safeguards interior designers from the financial risks inherent in procuring furniture, furnishings, and equipment (FF&E) for clients. It addresses common issues such as client non-payment and disputes over FF&E by establishing clear lines of responsibility and innovative payment structures. The contract includes carefully crafted provisions regarding client approvals, vendor […]

We created a template agreement for a permit expediter, addressing the specific aspects of permitting services and associated liabilities, including scope of work, limitations of liability, payment terms, and dispute resolution. The agreement also addresses challenges like fast-track permitting, code interpretations, and unforeseen conditions, providing a standardized tool for the client’s future projects.

We provided risk analysis and counsel to a construction consulting firm considering a professional services agreement with a public entity for project oversight services. The project involved oversight of a multi-phase public facility construction program. Our analysis focused on the significant insurability and contractual risks presented by the heavily owner-sided agreement. While the agreement had […]

We advised a construction consulting firm in its contract negotiations to provide owner’s representation services for a two-phase municipal project. Phase 1 involved the construction of a new about 50,000 sq. ft. public safety facility and related public works buildings, along with site development and repairs to the existing municipal building. Phase 2 encompassed the […]

We developed a comprehensive template agreement for a construction consulting firm to provide owner’s representation services, designed to ensure that our client’s activities are covered by its professional liability insurance. This overarching goal guided all aspects of the agreement, from defining the scope of services to carefully allocating risk and responsibilities. The agreement recognizes the […]

We negotiated a three-year master agreement with two one-year renewal options for a construction consulting firm to provide cost estimating services to a large urban public school system. The agreement covered a wide range of services, including order of magnitude estimates, sq ft estimates, assembly estimates, and unit price estimates for projects ranging from $10,000 […]

We secured a favorable outcome for a construction consulting firm and its CEO in a complex, multi-party lawsuit stemming from a $5.2 million renovation of a house of worship. The firm, which provided owner’s representation services on the project, and its CEO faced allegations of breach of contract and fiduciary duty related to cost overruns, […]

Representing a privately held national real estate investment and development firm with a significant portfolio specializing in industrial properties, we developed both a custom Owner-Architect Agreement and a custom Owner-Civil Engineer Agreement for a new 431,000 sq ft industrial building on a 40-acre site. The project, with a construction budget over $41 million, includes design […]

We represented a real estate developer, focused on acquiring and developing industrial and logistics properties, to negotiate a Guaranteed Maximum Price (GMP) agreement to construct a 550,000 sq ft Class-A distribution facility with nearly 100 semi-trailer docks on a 50-plus acre site. This project, with a GMP of $38.4 million, involved detailed contract negotiations encompassing […]

Representing a privately held commercial real estate investment and development firm on its inaugural project in a key new market, we helped the developer navigate substantial geotechnical and civil issues arising after the completion of an $18 million facility renovation and site expansion. Our client’s project encompassed an approximately 400,000 sq ft, 225-plus truck door […]

Representing a privately held real estate development firm, we negotiated the initial contracts for an approximately $18 million guaranteed maximum price (GMP) construction project for a 225,000 sq ft industrial building on a roughly 40-acre site. The project then faced challenges, including regulatory issues related to stormwater management and environmental regulations involving state and federal […]

Representing a privately held commercial real estate investment and development firm, we negotiated various agreements to design and construct an over 200,000 sq ft industrial building. These included an Owner-Architect Agreement and an $11 million Owner-Contractor guaranteed maximum price (GMP) agreement with the general contractor. The project, on an approximately 20-acre site, included the development […]

Representing a privately held commercial real estate investment and development firm, we drafted and negotiated various agreements to develop an industrial project. The project involves the construction of an approximately 180,000 sq ft industrial building with 45 semi-truck docks on a roughly 12-acre site. As is typical in such transactions, we worked closely with the […]

Representing the project owner, a real estate developer, we negotiated a multi-phase guaranteed maximum price (GMP) agreement totaling about $8 million for the historic renovation of a substantial commercial building. A phased approach – essential due to ongoing design development – allowed construction to begin with Phase 1 while the architectural and engineering drawings for […]

We negotiated a stipulated sum AIA Document A104–2017, Abbreviated Form of Agreement Between Owner and Contractor, of about $1.6 million for tenant improvements required from our real estate developer client on an industrial warehouse property.

A commercial real estate services company – with some 300 offices worldwide – retained us to advise on streamlining its contracting processes for design and construction projects, aiming for greater flexibility, practicality, and ease of use. The objective was to create a suite of agreements that facilitated seamless interaction between their legal and business units, […]

We represented the project owner in drafting a sophisticated cost-plus construction contract for a custom single-family home in an exclusive mountain resort town, with self-funded hard construction costs projected to exceed $32 million. The project faced inherent challenges, including a compressed weather-driven construction season, demanding site conditions, stringent environmental regulations, and potential material cost fluctuations. […]

We represented the owner in an ultra-high-end penthouse renovation in a prominent skyscraper in a major city, from contract negotiation through project execution on this owner-funded project. This extensive project, located atop a building approaching 100 stories, carried a construction contract guaranteed maximum price (GMP) of around $20 million and presented many complexities, including careful […]

We represented the property owner to negotiate an AIA Document A105–2017, Short Form of Agreement Between Owner and Contractor, to construct a luxury home. The hard construction costs were targeted to be around $5.3 million. The project encompasses extensive work, from excavation and foundation to custom millwork, high-end finishes, and a sophisticated smart home system. […]

On behalf of the homeowner, we negotiated a $3.5 million contract to construct a luxury vacation home on a lake. The detailed agreement addressed key aspects of the project, including payment schedules, allowances, change orders, material selections, warranties, and risk allocation.

Representing a property owner during a construction project involving excavation directly next to a neighboring building, we proactively addressed potential structural and legal risks. Given the close proximity and the potential for damage, we worked closely with our client’s architect and contractor, guided by the Illinois Adjacent Landowner Excavation Protection Act (765 ILCS 140/0.01 et […]