Construction

Construction industry professionals, owners and contractors face a broad spectrum of issues in each phase of the construction process. Success requires skillful navigation of everything from financing and environmental issues to contracts, insurance and performance disputes.

Wolff & Samson’s Construction Group delivers for clients ... every step of the way. Our experienced construction attorneys offer unique, creative approaches to anticipating and solving the problems our clients face in order to keep projects on track and on schedule. Whether engaged to provide counsel in the initial design stage or to resolve complex disputes, Wolff & Samson lawyers draw upon their broad experience in the construction industry to provide client-focused, goal-oriented solutions.

Our attorneys come from a variety of backgrounds, from career construction litigators to in-house counsel responsible for managing corporate construction portfolios. We have first-hand knowledge of construction project management issues, cost estimation and risk assessment at each point in a project’s lifecycle. We also are at the forefront of breaking trends and developing issues through active involvement in construction and surety legal associations, and through our involvement in these associations, we frequently lecture and educate other legal and construction professionals. Our Construction Group is ranked among the top such practices in New Jersey in the 2010 inaugural "Best Law Firms" rankings published by U.S. News and Best Lawyers.

Wolff & Samson’s Construction Group provides a full array of construction-related services, including:

Negotiating and drafting construction contracts
Structuring and coordinating financing with underwriters, institutional lenders and public entities
Providing insurance and surety coverage analysis
Resolving environmental issues
Counseling clients during the construction phase of a project, including resolution of disputes between owners, contractors, subcontractors and material suppliers
Analyzing lien issues and litigating lien foreclosure actions
Formulating, developing, prosecuting and defending construction claims
Mediating and arbitrating construction disputes
Litigating construction disputes in state and federal courts throughout the country

Construction Litigation and Dispute Resolution

While we work closely with our clients to resolve disputes, we also recognize that litigation sometimes is unavoidable. Wolff & Samson clients benefit from our litigation and arbitration experience in federal, state and bankruptcy courts, as well as before local, regional and national tribunals.

Representative cases include:

Disputes related to the construction of a new $400 million facility for a Fortune 500 company in Missouri
Disputes concerning the renovation of an historic courthouse in upstate New York
Litigation arising out of the construction of a cogeneration power facility in Central California
Claims arising out of the new construction and renovation of three schools in Central New Jersey
Litigation arising from the alleged default on a wastewater treatment plant in Wyoming
Arbitration proceeding regarding the interior demolition, asbestos abatement and refitting of a Fortune 500 corporation's former headquarters
Litigation and related alternative dispute resolution proceedings arising out of a contract for the construction of a housing project, including the rehabilitation of existing historic structures and the construction of new structures
Litigation arising out of a contractor's alleged default in connection with the renovation and conversion to luxury condominium units of a landmark building in Tribeca, New York City
Representation of a multi-national general contractor in the Chapter 11 bankruptcy proceeding of an owner that was filed in the midst of a $250 million construction contract
Litigation commenced by a school district alleging damages resulting from the faulty manufacture and installation of a wastewater disposal system
Arbitration proceeding regarding a contract to design and construct a dormitory and support buildings at a women's prison in New Jersey
Defense of claims brought by an owner to recover damages resulting from the collapse of the roof on a high-rise office building
Claims brought by contractors during and after the construction of a terminal at Newark Liberty Airport
Jury trial in a case against a designer and installer of combustion systems for our client’s steam boiler
Dispute over the renovation of an existing building and construction of a new building for a non-profit organization
Litigation arising out of a contract for the construction of a Miami Beach high-rise hotel and condominium development

Construction Contracting

In the area of construction contracting, Wolff & Samson represents clients involved in a broad range of projects – from flight simulation and testing facilities to entertainment venues and biomedical facilities. We negotiate architect’s agreements, construction management agreements, design/build contracts and a variety of other construction agreements. We are well-versed in both public construction and the bid process for state-funded projects.

Examples of our contract negotiation experience include:

Design, fabrication and erection agreement for an amusement ride valued at more than $35 million
Construction project management agreement for a bio-medical research and office building phased construction valued at more than $35 million
Construction project management agreement for all structural work required for an entertainment and retail space valued at more than $200 million
Design build agreement for a flight simulation/office center valued at more than $15 million
Construction project management agreement for a performing arts center valued at more than $30 million
Construction management agreement for a hotel/condominium space with public parking deck valued at more than $40 million
Architect’s agreement for the design of an ambulatory surgical center with an MRI facility
Construction and architect agreements for a retailer’s annual expansion program
Construction project management agreements for a banking firm’s global expansion
Construction agreements for a multi-state multiplex theater chain