Bidding & Procurement
The first step to a successful project is understanding the bidding process and exercising sound estimating practice. Whether the project involves competitive hard bid, multi-prime, single prime, CM at risk, or negotiated procurement, our attorneys understand and can assist clients with the bidding process. Our attorneys offer insight into the particular risks associated with each procurement type and counsel clients on monetizing such risk.
The most profitable day on any project is the day the contract is executed. Drafting appropriate terms and conditions to minimize risk is critical before the contract is signed. Our firm has developed form subcontracts and project forms to standardize our clients’ project documents and minimize risk.
Choosing the right contracting methodology is critical to a project’s success. We assist clients to understand the advantages and disadvantages of the alternative methods available including design build, design-bid-build, construction management, gross maximum price, and lump sum arrangements.
Contract Review and Negotiation
If a client is presented with another party’s contract, we can identify provisions that need to be deleted, clarified or modified. We provide checklists of critical contract terms and counsel clients on effective negotiating strategies.
Our attorneys counsel clients throughout the performance of a project to insure contract compliance and claims preservation. Whether through periodic phone calls or quarterly meetings with the project teams, our attorneys work with clients to document issues as they arise, negotiate resolution on a real time basis, and assemble persuasive claims to avoid litigation.
Delay, Disruption and Acceleration Claims
Time is money. WTB's lawyers understand the circumstances that can impact a contractor’s productivity. Delays, disruptions, and acceleration must be recognized by field personnel, documented by project management, and memorialized for claim prosecution. We educate our clients as to identify particular project risks which may lead to these claims. We also work with clients to understand how to give appropriate and timely notice. We also assist clients to quantify the impacts and prosecute the claims.
International Construction Disputes
WTB's lawyers understand the political and legal risks associated with building in foreign jurisdictions and are connected to an established network of lawyers who can navigate these risks. From corporate licensing law, to assisting with immigration issues for foreign craft and staff, to understanding the effects of international trade agreements and the nuances of American construction law on contracts, WTB is here to help.
Licensing Complaints and Compliance
Improper licensure can result in unenforceable contracts and inability to collect project payments. WTB lawyers counsel clients on licensing issues, and represent parties in licensing charges and related administrative proceedings.
Lien Protection and Avoidance
Contractors have the right to secure payment through liens on funds and real property. Our team assists clients with the proper filing, enforcement, and defense of such claims.
OSHA Investigation, Counseling and Representation
Safety is the number one priority on construction projects. Our team educates our clients on how to participate in OSHA site visits, address OSHA complaints and administratively appeal adverse determinations.
Payment and Performance Bond Claims
Subcontractors have the right to secure payment through proper filing and enforcement of payment bond claims. Contractors must undertake the appropriate steps to avoid double payment. Owners can assert rights under performance bonds. Our team assists clients at every tier to understand their rights, properly notify adverse parties, and enforce their claims.
Through consistent interaction with clients throughout project performance, WTB seeks to avoid costly disputes and assist parties with real-time resolution to avoid litigation.
Consistent, competent, and complete project documentation is the key to resolution of construction disputes. We have a family of WTB project forms available for clients’ use. We also audit clients’ project document systems to determine if they are effective and serving their intended purpose.
Insurance Coverage and Claims
Insurance is one of the key tools to manage risk. Our lawyers help clients understand what is covered and what is not covered under their insurance program.