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 authorities. Concurrently, we navigated local zoning and permitting issues, leveraging our national network of construction attorneys to engage local counsel with key political connections within the jurisdiction. Because of unforeseen circumstances affecting the project timeline, we helped to terminate initial construction contracts for convenience, which also required us to manage the logistics of our client taking title and possession of certain long-lead-time items purchased by the initial general contractor and its subcontractors. This facilitated our client’s efforts to reinvigorate the project the following construction season, at which time we negotiated new Owner-Contractor GMP agreements with a different general contractor.
