HPSS Law regularly provides legal advice to our clients to include, yet not limited to, the following portfolio of practice areas:

Construction Law

Key aspects of construction law include:

  1. Contracts: Drafting, reviewing, and enforcing agreements between owners, contractors, subcontractors, suppliers, and other stakeholders.

  2. Permits and Regulations: Ensuring compliance with local building codes, permits, and safety standards.

  3. Liability and Disputes: Resolving disputes related to delays, defects, payment issues, and workmanship through negotiation, arbitration, or litigation.

  4. Insurance and Bonds: Managing risk through insurance policies, performance bonds, and payment bonds.

  5. Claims and Certifications: Handling claims for extras, delays, damages, and final certifications of work performed.

  6. Environmental and Safety Laws: Compliance with environmental regulations and safety standards to prevent hazards and legal penalties.

Construction Litigation

Construction litigation involves legal disputes arising from construction projects. It typically concerns issues such as delays, defects, payment disputes, breach of contract, and design or workmanship problems. This type of litigation can involve multiple parties including contractors, subcontractors, project owners, architects, and suppliers. The goal is to resolve conflicts through court or arbitration processes, often seeking damages, specific performance, or contract enforcement. Construction litigation is complex, requiring specialized knowledge of construction law, contract law, and industry standards.

Contract Negotiations & Drafting

  • Public Contract Law

  • Bid Protests

  • Architect & Engineer Design Liability

  • Field Performance Issues: Changes, Differing Site Conditions & Delays

  • Construction Defects

  • Construction Defaults & Terminations

  • Surety Law & Bond Claims

  • Construction Arbitration & Mediation

  • Mechanic’s Liens & Related Remedies

  • Construction & Creditors Rights

  • Labor & Employment

  • OSHA Claims

Construction Claims

Examples of Construction Claims:

  1. Additional Work Claims: When the contractor performs work that was not originally included in the contract scope and seeks compensation for the extra cost and time.

  2. Delay Claims: When delays caused by the owner, subcontractors, or unforeseen conditions extend the project timeline, and the contractor seeks compensation for downtime and additional expenses.

  3. Labor and Material Cost Escalation Claims: When increases in the prices of labor, materials, or equipment occur after the contract was signed, impacting the project's budget.

  4. Design Changes Claims: When the owner requests modifications to the original design, leading to additional costs and schedule adjustments.

  5. Force Majeure Claims: Due to unforeseen events such as natural disasters, strikes, or other force majeure incidents that disrupt the project and cause additional costs or delays.

  6. Inaccurate or Incomplete Drawings and Specifications Claims: When discrepancies, errors, or omissions in the design documents result in additional work or delays.

  7. Site Conditions Claims: For unforeseen subsurface or site conditions, such as unexpected rock or groundwater, requiring additional work and costs.

  8. Late or Non-Payment Claims: When payments are delayed or withheld, impacting the cash flow and financial stability of the contractor.

  9. Unforeseen Regulatory or Permitting Issues: When new or changed regulations cause delays or additional costs.

  10. Termination or Suspension Claims: When the project is suspended or terminated by the owner or other parties, leading to compensation for costs incurred and lost profits.

  11. Surety and Bond Claims