Construction Law
Counsel to construction clients from contract negotiation through litigation, arbitration, and appeals.
Best & Flanagan represents construction companies on sophisticated, technically demanding projects across the country. Our clients range from closely-held family businesses to publicly held and Fortune 100 companies, and include general contractors, prime contractors, and specialty subcontractors implementing multi-million-dollar scopes of work. We counsel clients on renewable energy systems, data centers, highways, bridges, infrastructure, professional sports stadiums, hospitality and senior-living projects, and industrial, retail and commercial facility projects. Our clients typically range between $20 million and $2 billion in annual revenues.
Established in 1926, we have represented clients on construction projects throughout the United States with most projects located from Minnesota to Texas and Colorado to Massachusetts.
How we work
We serve as outside general counsel for many of our construction clients counseling on pre-project risk management from contract reviews and negotiations, bid evaluations, specification and contract documentation analysis and mitigation of future claims.
If a claim arises on a construction project, we work collaboratively with our clients to develop and implement strategic outcomes taking into account the client’s best interests — including the cost, the timing, and the impact on important business relationships. We have represented numerous clients in arbitrations, litigation and appellate courts on projects throughout the United States.
What we do
On the advisory side, our work includes contract review, negotiation, and drafting (owner agreements, master service agreements, professional services, subcontracts, EPC, and design-build), bid strategy and bid protests, pre-construction risk review, and ongoing project counsel. Many engagements include the less visible but often decisive work of getting the notice provisions, change-order language, and documentation practices before a project breaks ground.
On the disputes side, our work includes construction defect claims, payment disputes, mechanic’s liens, bond claims, DOT/Corps claims, delay claims, performance claims, OSHA citations, property damage claims, and insurance coverage disputes. We represent clients in state and federal court, in mediation and arbitration, and government enforcement actions.
Industries we work in
While some practitioners say “construction is construction,” each industry is unique, and every project presents its own set of challenges. But we work across each of these industries regularly to know where the project risks actually live.
Energy
- Nuclear, natural gas, and transmission line, power generation
- Renewable energy, including wind, solar, and battery energy storage systems (BESS)
- Biodiesel and alternative fuels
- Data centers
- EPC (engineering, procurement, and construction) and design-build contracts
Infrastructure and heavy civil
- Highways, roads, and bridges
- Public works, DOT, and Corps of Engineers projects
- Industrial and civil infrastructure
Commercial, manufacturing, hospitality, and institutional
- Professional sports stadiums and venues
- Hospitality, including hotels and retail centers
- Senior living, nursing homes, and residential care facilities
- Commercial and industrial buildings
- Public and private college campuses
- Manufacturing, logistics, and production facilities
Representative cases and engagements
Recent and recurring matters include:
- Litigated a $270 million biofuel construction dispute
- Drafted and negotiated over $1 billion in renewable energy contracts for clients across the country
- Obtained a $2.5 million arbitration award for a contractor on a highway-heavy project
- Defended a general contractor against a performance bond claim, defective-work allegations, and back charges, securing payment and a release without prolonged arbitration
- Resolved water-infiltration claims for the owner of a multi-million-dollar mixed-use complex through litigation and settlement, then advised through completion of repairs
- Negotiated and protected the rights of a highway-heavy contractor on the day of a multi-million-dollar contract award, clarifying ambiguous language before construction began
- Assisted client in obtaining “no action” decision in MnOSHA fatality investigation