We assisted our general contractor client with contract negotiations for a multimillion-dollar renovation in a 25-story high-rise mixed-use building in the downtown of a major city, involving demolition, mechanical, electrical and plumbing (MEP), and aesthetic upgrades across around 145 occupied units, totaling over 130,000 sq ft, and payment largely based on unit pricing. The occupied nature of the units presented logistical challenges, requiring careful planning and coordination. Given the project’s complexity and the owner’s preference for direct negotiations, we gave our client concise speaking points addressing key contractual issues, including those related to reducing disruption to residents; state law compliance; consequential damages waivers; indemnity limitations; accessibility responsibilities; liability based on negligence; reasonable payment withholding standards; fair termination and default provisions; equitable delay risk allocation; subcontractor agreements; and mutually acceptable builder’s risk insurance. After our client successfully presented these points, we drafted the revised contract language behind the scenes, facilitating the desired attorney-free negotiation and a successful outcome.
