Construction and Design
Carnahan Evans combines years of construction law experience with industry knowledge to deliver comprehensive services for construction professionals ranging from owners, developers, and contractors to subcontractors, suppliers, product representatives, design professionals, and lenders throughout Missouri, the Midwest, and the United States.
We realize at Carnahan Evans that our construction-industry clients have a business to operate or a job to perform. We commit ourselves to learning the industry so that we can better understand our client’s business and help each succeed. Our attorneys are active in trade associations such as the Construction Specifications Institute and Springfield Contractors Association. Carnahan Evans invests in its clients by attending various trade conventions and conferences to know your needs better.
Carnahan Evans’s services are specific to construction projects, but are also tailored to the needs of clients in a variety of other areas of law.
CONSTRUCTION PROJECTS: DESIGN, ENGINEERING, AND CONSTRUCTION AGREEMENTS AND DEVELOPMENT PROCESS
Carnahan Evans understands that participants in the construction process require timely and cost-effective legal advice. Each client deserves a strong partnership with its lawyer regardless of the size of the project. Carnahan Evans has counseled clients on projects, both public and private, including affordable housing, airports, assisted living facilities, biofuels and other industrial and manufacturing plants, casinos, historic rehabilitation and preservation, hotel and resort developments, medical facilities, mixed use developments, museums, office, parking structures, power plants, shopping centers/retail, single and multi-family residential developments including houses, lofts, apartments, and luxury high-rise developments, utility and infrastructure systems, and water distribution facilities.
Carnahan Evans assists in managing your construction project to successful completion, including the following services:
- Negotiation and preparation of contract documents, including construction, construction management, design-bid-build, design-build and project management contracts, engineering, architectural, EPC turnkey, special design and consulting contracts, maintenance and equipment agreements, subcontract and supply agreements, manufacturers representative agreements, letters of intent, requests for bids and proposals, and disbursement and escrow agreements
- Development of standard and modified form agreements for contractors, subcontractors, suppliers, and design professionals
- Advice with respect to joint ventures and partnerships for construction and development, including structuring and risk management, financing and, insurance
- Counseling regarding risk management on projects, including insurance, indemnity, payment, performance and bid bonds, risk of loss, consequential damages, limited warranties, guarantee bonds, project-specific insurance programs, OCIPs, security agreements, guaranties, assignments, liquidated damages, and intellectual property
- Advice on AIA, ConsensusDocs, and EJCDC documents and related trade contracts concerning minimizing risk, increasing profitability, and reducing litigation
- Performance of legal due diligence on viability of construction and development projects, including distressed projects for purposes of possible buyouts and possible workout agreements
DISPUTE RESOLUTION: CONSTRUCTION AND DESIGN
Although Carnahan Evans emphasizes litigation avoidance, sometimes disputes are inevitable in construction. In such case, Carnahan Evans strives to work with the client to achieve the most effective resolution, which can occur through negotiated settlement or through alternative resolution services such as mediation, litigation, or arbitration. If a dispute escalates on a project, it is essential to have trial counsel with experience and resources. At Carnahan Evans, we pride ourselves in representing our construction-industry clients with respect to claims involving the following issues:
- Contract balance, including mechanic’s liens, payment bond claims, and related collection efforts on projects
- Scope of work
- Liquidated damages, delay, and lost productivity
- Merchandising practices
- Prompt payment statutes
- Miller Act and Little Miller Act
- Code violations
- Bid protests
- Mold contamination
- FHA and ADA building accessibility
- Prevailing wage and related investigations
- Payment of union benefits
- OSHA and regulatory
- Intellectual property including copyright and licensing of project design
- Joint venture and partnership disputes on public and private developments
- Related issues of attorney’s fees and interest in construction litigation
OTHER BUSINESS SERVICES TAILORED TO CONSTRUCTION CLIENTS
Carnahan Evans draws on its industry knowledge to also assist construction professionals on a variety of other business matters. Its general business practice includes decades of experience regarding business continuity planning, business dissolutions and liquidations, business organization and planning, and related tax matters. Developers, owners, and contractors also confront challenging real estate matters. Carnahan Evans provides representation in connection with zoning negotiations, real estate closings, like-kind exchanges, and leases, all of which can be crucial to the successful launch of a construction project.
Carnahan Evans offers related dispute resolution on general business matters and has a longstanding reputation of successfully litigating cases involving environmental law, employment, franchise/trademark, copyright infringement, banking, shareholder agreements, shipping and transportation including Carmack Amendment and COGSA issues, warranties, promissory notes, insurance, and sales and commission agreements. Each of these areas can have a direct or indirect impact on the financial success of a construction project.