The lawyers of Nelson Mullins Riley & Scarborough LLP provide a broad array of legal experience to address virtually every legal need of our construction industry clients, from pre-construction advice to project close-out. Our attorneys are committed to finding cost effective legal solutions for our clients before, during, and after the completion of the project. Our litigators have tried cases in federal, state, and alternative dispute tribunals dealing with virtually every type of construction related dispute. Furthermore, as a large, multi-discipline law firm with more than 400 attorneys in a broad array of practices ranging from bankruptcy to environmental law, we have the experience and resources to resolve any construction related problem.  

Pre-Construction Risk Evaluation

Nelson Mullins construction lawyers also provide pre-construction advice on the evaluation and control of risk through contract review and drafting and through the use of alternative delivery systems. All of our construction lawyers are experienced litigators, which allows us to provide our clients with the proper perspective for the evaluation and minimization of risk prior to contract execution and project commencement. Our pre-construction services include drafting, revising, and negotiating contracts and evaluating projects, including: 

• Risk Evaluation and Allocation
• Contract Drafting, Review and Negotiation, including a Working Familiarity with All Major Form Contracts
• Alternative Project Delivery Systems, such as:
  
  
  • Public Bidding Requirements
  • Design-Build Projects
  • Public-Private Partnerships
  • Construction Manager at Risk Contracts
    
• Insurance Requirements
• Bonding Requirements
• Licensing Requirements
• Environmental
• Government and Quasi-Government Contracts  

Nelson Mullins litigators have tried construction cases in federal and state courts, before various Boards of Contract Appeals, and before arbitration panels throughout the United States. Our litigation and claims experience includes: 

• Design Related Claims
• Differing Site Conditions
• Delay and Acceleration Claims
• Scope of Work Disputes
• Construction Equipment and Materials Defect Claims
• Bid Protests
• Insurance Coverage and Bond Claims
• Mechanics’ Lien Claims
• Bond Claims
• Miller Act and Little Miller Act Claims
• Environmental Litigation
• Bankruptcy
• D & O Liability
• E & O Liability  

Our construction law practice includes the representation of international general contractors, suppliers, manufacturers of construction equipment and materials, and public, quasi-public and private owners and developers. In particular, Nelson Mullins lawyers have successfully: 

• Represented owner of medical facility in terminating its contract with a defaulting contractor, and in subsequent litigation with the contractor and its surety.
• Drafted a model Construction Manager at Risk contract and General Conditions on behalf of a municipal owner.
• Defended a municipal utility in a multi-million dollar litigation, involving delay and lost productivity claims, as well as alleged defective and inadequate design.
• Defended an international manufacturing company against delay and construction interference claims related to a multi-million dollar expansion of one of its manufacturing facilities.
• Defended an international general contractor against a subcontractor’s claims related to the construction of a renovation of a public high school.
• Defended a general contractor on a federal government construction contract for an improvement on a military base against a subcontractor’s claims of delays and interference.
• Defended a general contractor on a federal government contract against a subcontractor’s claims for additional compensation based upon the alleged interference of the government.
• Defended a claim by a subcontractor against a general contractor for additional compensation related to the restoration of the U.S.S. North Carolina.
• Drafted and negotiated a multi-million dollar CM at Risk contract for the construction of new performing arts center on behalf of municipal owner.
• Defended general contractors in approximately 250 residential synthetic stucco cases.
• Prosecuted the claims of a national general contractor of delays and scope of work changes against the owner and developer related to the complete renovation of a large hotel.
• Defended contractor and surety against a municipal utility in a litigation, involving delay claims, as well as alleged defective and inadequate design.
• Represented a university foundation in drafting and negotiating a development contract for a $160M mixed use project.
• Secured payment from a program manager to a general contractor in multi-million dollar claim for wrongful termination on a federal project.
• Defended a subcontractor against a general contractor’s delay claim and obtained an arbitration award on the subcontractor’s claims for contact balance.
• Secured a contract for general contractor whose bid on an airport project had been rejected on technical grounds.  

Nelson Mullins lawyers regularly deliver seminars and published papers on various topics of importance to the construction industry. In addition, our lawyers have served in leadership positions serving the various State and national bar associations. Some of the work performed by our lawyers in these areas includes: 

• Past Chariman of the Construction Section of the North Carolina Bar Association.
• Past Member of the Committee on the Lien Law of the Construction Section of the North Carolina Bar Association. Committee drafted the 2005 revisions to the North Carolina Lien Statute.
• Co-chair of the Joint Committee of the Carolinas Association of General Contractors and the Construction Section of the North Carolina Bar Association.
• Co-chair of the Continuing Legal Education Committee of the Construction Section of the North Carolina Bar Association.
• Co-Chair Construction Committee of the North Carolina Association of Defense Attorneys.
• Members of the ABA Forum on the Construction Industry and the Construction Law Committee of the Defense Research Institute. 

In addition, our lawyers have authored or presented seminars on the following construction related topics: 

• Lien Laws of South Carolina
• South Carolina Chapter, State Public Construction Law Source Book
• Electronic Discovery: Can You Afford To Ignore It?
• What to Do When Construction Projects go Bad in North Carolina.
• Construction Contracting for Public Entities in North Carolina.
• Discord and Divorce in Construction: Default, Termination, and Nonpayment.
• You Next Job is Where? - Doing Business in Other States.
• Insurance & Risk Management for Contractors.
• Bid Day (interactive bid-day simulation presented with GC estimator).
• Subcontract Clauses.
• North Carolina Construction Law: Can This Job be Saved?
• Understanding Changes and Change Orders.
• Mold: A Legal and Practical Survey.
• Did You Mean to Waive Those Rights?
• Caught in the Steel Trap? Strategies For Dealing With The Fallout From Material Price Increases.
• Fundamentals of Government Contracting.
• Construction Management/Design-Build in North Carolina.
• Construction Lien Law in North Carolina.
• Carolina Construction Law.
  

  For additional information on the Nelson Mullins Construction Practice, please contact: 

In Georgia:
Dan Shea at 404.817.6229
or dan.shea@nelsonmullins.com

In North Carolina:
Bill Gammon at 919.877.3809
or bill.gammon@nelsonmullins.com  

In South Carolina:
Howard A. VanDine, III at 803.255.9466
or howard.vandine@nelsonmullins.com