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Litigation

Construction & Design

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Your vision, our expertise.

Overview

We provide comprehensive legal services to owners, developers, and construction and design professionals on private and public works projects of all sizes, including large and complex projects, throughout the United States and internationally. In plain terms, we can help every step of the way.

At the front end, we ensure contracts are effectively negotiated and accurately drafted. If problems arise during or after construction, we offer practical and informed guidance on how to potentially resolve disputes and stand ready to fully litigate those that cannot be resolved short of the claim, dispute resolution, or litigation process.

Our clients include a broad range of private and public owners, developers, contractors, subcontractors, construction managers, commercial landlords and tenants, architects, engineers, manufacturers and materials and equipment suppliers, real estate investors, and financial institutions. As one of the nation's top, full-service law firms, we not only provide outstanding lawyers to assist with construction, design, and development issues, but also related business, tax, land use, environmental, energy, and labor, immigration, and employment issues.

Meeting the Needs of Owners, Construction Contractors & Design Professionals

Contract Review & Negotiation

We routinely review, draft, and negotiate a broad spectrum of contracts used in the construction process, encompassing manuscript contracts and the standard form agreements (AIA, AGC/Consensus Docs, EJCDC, ASCE, FAR, etc.) prevalent in the design and construction sectors, and we challenge any unjust allocation of risk during contract negotiations.

  • Design-Bid-Build Contracts
  • Design-Build and Progressive Design-Build Contracts
  • Shared Risk Agreements
  • Subcontracts
  • Architect & Design Agreements
  • Technical Services
  • Purchase Orders
  • Joint Ventures

Contract Performance

  • Preparation and Defense of Requests for Equitable Adjustments (REA)
  • Preparation and Defense of Claims, including construction lien foreclosures and payment and performance bond claims
  • Terminations for Convenience
  • Terminations for Default
  • Payment Issues
  • Differing Site Conditions (DSC)
  • Delay & Acceleration Claims
  • Warranty & Construction Defect Claims

Bidding and Procurement

We provide strategic counsel to facilitate a prompt and successful bid protest. Frequently, unsuccessful bid protests result in mandamus actions and lawsuits against the public entity.

  • Requests for Proposals (RFP) and Proposals
  • Teaming Agreements
  • Confidentiality Agreements
  • Bid Protests
  • Pricing and Status Issues
  • Truth in Negotiations Act (TINA)
  • Affiliation Issues
  • Disadvantaged Business Enterprise (DBE), Minority Business Enterprise (MBE) & Women Business Enterprise (WBE) Certifications and Issues
  • Self-Perform/Performance Issues

Claims, Dispute Resolution & Litigation

  • Claims before Boards of Contract Appeals, including the Civilian Board of Contract Appeals (CBCA) and Armed Services Board of Contract Appeals
  • Issues, Disputes, and Claims before Dispute Review Boards (or Dispute Resolution or Avoidance Boards) (DRB)
  • Construction Defect & Design Defect Claims, Including Insurance Coverage and Recovery Issues
  • Negotiations, Mediation & Arbitration
  • Claims & Lawsuits in State & Federal Courts
  • Violations of the False Claims Act
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Named one of The Top 50 Construction Law Firms in the country

Davis Wright Tremaine named to the 2024 list of "The Top 50 Construction Law Firms™" by Construction Executive for its leadership in the construction industry.

The 2024 Top 50 Construction Law Firms Link to https://www.constructionexec.com/top-lists/law/2024

Construction Contracting

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Construction Litigation

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Practice Contacts

Eyth, Marcus
Marcus Eyth
Partner
Portland
503.778.5324

Our Team

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Contact Us

Ready to tackle your next challenge, or simply have questions? Let's talk. Our team is ready to help you navigate complexity with clarity, confidence, and results.

Construction & Design Professionals: Contact us

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CAUTION - Before you proceed, please note: By clicking "accept" you agree that our review of the information contained in your e-mail and any attachments will not create an attorney-client relationship, and will not prevent any lawyer in our firm from representing a party in any matter where that information is relevant, even if you submitted the information in good faith to retain us.