Construction Law



The attorneys of Roetzel’s Construction Practice Group counsel construction industry clients across the nation concerning all phases and aspects of construction, including contract preparation, review and negotiation, licensing, procurement, construction lending, public-private partnerships (PPP), bid protests, construction liens, insurance related issues, environmental issues, condominium and homeowners associations, bond claims, delay claims, design professional liability, construction defect litigation and dispute resolution. Our clients include project owners, developers, home builders, architects/engineers, construction managers, contractors, suppliers and sureties for public and private projects. Our attorneys take a proactive approach in developing an understanding of our clients’ businesses and their construction activities. As a result, we create customized approaches and provide legal guidance through all phases of the construction process and beyond.

We address our clients’ rights and obligations from the beginning of a project through the end and assist clients in making key decisions, such as creating the type of delivery method for the project, creating the dispute resolution process for the project, and crafting the bid and other contract documents. We implement standard AIA, ConsensusDOCS and EJCDC contracts or develop customized construction contracts that are clear and concise for all parties involved. After the contracts are executed and construction begins, we focus on what matters to the client by identifying, avoiding, and resolving issues and disputes as early as possible. We assist our clients in proactively managing risk in their construction business so that they can focus on completing projects and generating revenue, thus saving them time, money and reducing stress. We provide value by meeting with our clients concerning a project with appropriate frequency. We discuss ongoing issues, help identify potential problems, implement timely solutions, aid with compliance of contract requirements, minimize confrontation between project participants and recommend methods of resolving disputes without litigation or arbitration.

If litigation or arbitration is unavoidable, our construction attorneys are capable of representing clients in every legal forum, including federal and state courts, mediation, arbitration, administrative agencies and appeal boards. For the sixth consecutive year (2012-2017), Roetzel construction litigation attorneys received a National Tier ranking in Construction Law, a premier distinction on the Best Law Firms list, published by U.S. News & World Report in conjunction with Best Lawyers. If the client chooses to engage in formal litigation, our legal team is prepared and qualified to prosecute or defend the client’s interest completely and efficiently.

Our attorneys are at the forefront of the evolving legal and regulatory framework which governs the construction industry. As a result, we possess in-depth knowledge of the legal issues affecting the industry. Our focused attention to construction law allows us to quickly advise clients of new developments which may affect their businesses. Many of our lawyers are leaders in the construction field who actively participate in construction industry groups, including Associated Builders and Contractors, and legal committees, such as the American Bar Association and Forum on Construction Law. These relationships provide us with opportunities to substantively contribute to the advancement of legislation concerning issues affecting our clients and the industry at large. For example, when badly needed public private partnership funding was needed for projects and fair competition warranted reigning in local project bidding preferences, Roetzel attorneys engaged in discussions with a state government which facilitated new legislation. When a state government undertook a thorough look at reforming its methods of construction, including the ways it selected contractors, established delivery systems and chose design professionals, Roetzel attorneys were deeply involved with the legislative process to develop modern systems to bring public construction into the 21st century. Involvement such as this enables us to provide our clients with a unique perspective, which can be invaluable to their businesses.

Our People

Representative Services

  • Customize AIA documents to fit the needs of a specific project
  • Draft construction contracts, subcontracts, general conditions and other front-end project documents
  • Negotiate and draft labor agreements
  • Provide project management consulting
  • Assist in the selection of the best project delivery systems
  • Develop insurance programs for a project
  • Establish dispute resolution processes tailored to the project
  • Resolve competitive bid disputes/protests
  • Address LEED project certification
  • Assist with construction licensing issues
  • Resolve issues related to construction/mechanics’ liens, fraudulent liens, failure to apportion claims of lien, misappropriation of construction funds, payments by construction lenders and insurance proceeds
  • Address issues related to Notices of Commencement, Notices of Furnishing, Notices to Owner, Claims of Lien, Contractor’s Affidavits, Sworn Statements of Account, Applications for Payment and Releases of Lien
  • Prosecute and defend construction defect claims
  • Prosecute and defend bond claims
  • Prosecute and defend warranty claims
  • Prosecute and defend claims for delay damages

Representative Matters

  • Represented a general contractor concerning a dispute with a subcontractor involving alleged defective work on a large retail center
  • Represented owner of a 32-story apartment tower in Downtown Orlando in a $6 million dispute with a large general contractor concerning close-out of $160 million construction project
  • Drafted and negotiated complex construction contract for $30 Million, 143,000 square foot, hospital neurological center in South Florida
  • Represented site development contractor concerning non-payment claims on a $200 million, 445 room hotel/resort construction project
  • Represented owner of two luxury hotels in Orange County, Florida against a large general contractor and subcontractors in federal court concerning a $3 million claim for defective construction and repair of the fire safety system in over 1,500 hotel rooms
  • Represented an Orange County municipality concerning the breach by a general contractor of a contract for construction of a road
  • Represented an Orange County municipality in a dispute concerning defective construction and delay claims resulting from the construction of a lift station, water main, force main and gravity sewer line
  • Negotiated joint venture agreement between general contractor and electrical contractor concerning construction of a major theme park attraction in Orlando, Florida
  • Represented contractor in litigation concerning non-payment for construction work from large timeshare condominium development in Orange County, Florida
  • Drafted construction contracts for numerous contractors, subcontractors and developers
  • Represented large financial institution in a dispute with a general contractor involving lender liability claims for ceasing disbursement of construction loan funds
  • Represented developer of luxury, high-rise, waterfront condominium concerning defective design and construction of fountains, driveways and common areas
  • Represent manufacturer of roofing products against Downtown Orlando high-rise condominium association concerning multi-million dollar defective construction and warranty claims
  • Represented a national law firm in an alleged legal malpractice claim concerning a contractor's filing of a fraudulent construction lien
  • Represented a real estate investor in litigation involving alleged fraud in the inducement for failure to disclose latent defects in the sale of a large apartment complex
  • Resolved a dispute between owners of a joint venture established to develop a 310 acre parcel of real estate
  • Resolved a contract dispute between an engineering firm and developer concerning site work for retail/commercial center

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