Construction & Design Contracts

Our work with affordable housing developers naturally connects us to the construction process.  Consequently, we understand the process and help our clients successfully anticipate and manage legal issues related to construction.  A significant way in which we accomplish this is by negotiating and preparing construction contracts for affordable housing developments.  Because of the multiple sources of funding typically associated with developing affordable housing, the construction contract is frequently impacted by the differing requirements of each funding source.  For instance, there may be prevailing wage obligations, specialized insurance and construction bond stipulations, and unique construction schedule issues.

 

Our attorneys know and work with the American Institute of Architects (AIA) model documents as well as other industry-standard documents, while recognizing that each project is unique and each client’s needs distinct.  Through our experience with affordable housing and knowledge of law and contracts, we position clients to avoid many problems and issues arising during the negotiation and performance of construction contracts.  We provide clients with effective techniques to properly allocate risk between owners and the general contractor.

 

Our broad knowledge of construction law issues includes providing advice on design-build contracts, mechanics’ liens, and dispute resolution, including litigation of construction disputes. We have particular strength in assisting affordable housing developers comply with the various obligations imposed by SB 800 (California’s Right-to-Repair legislation) on affordable for-sale units. Our attorneys design and conduct in-depth trainings and seminars regularly throughout California on construction issues affecting the affordable housing industry.

 

In addition, our practice includes the negotiation and preparation of owner-architect agreements as well as other professional service and consultant agreements such as engineering, appraisal, cost estimating, and construction management contracts.  We also provide enforcement advice and litigation services to many owners and public agencies for these types of agreements.