Construction Industry - Warner Norcross + Judd LLP

Construction projects rarely unfold exactly as planned. Tight schedules, shifting costs and complex relationships can put both the project and the business behind it at risk. Warner’s construction attorneys help owners, developers, contractors, design professionals, lenders and public entities anticipate challenges, allocate risk and make practical decisions throughout the life cycle of a project, from initial planning, financing and contract negotiation through project completion and dispute resolution.

We understand that the best legal solution is often the one that keeps the project moving. Our multidisciplinary team brings together experience in construction, real estate, litigation, environmental law, finance, economic incentives and government affairs to counsel clients on commercial, industrial, infrastructure and residential projects in the public and private sectors.

Clients We Serve

Warner represents clients across the construction industry, bringing an understanding of the distinct business priorities and risks each project participant faces.

Owners and developers
General contractors and construction managers
Subcontractors and specialty trades
Architects, engineers and other design professionals
Material and equipment suppliers and manufacturers
Lenders
Public entities and municipalities
Landlords, tenants and condominium associations

Projects and Markets

Our attorneys advise clients on public and private construction matters involving:

Residential and condominium projects
Health care facilities
Manufacturing plants and industrial facilities
Infrastructure projects
Energy and renewable energy facilities
Commercial developments
Mixed-use developments

view all experience

Warner attorneys have represented clients in a wide range of construction projects and disputes, including:

Serving as P3 procurement, governance, litigation and commercial counsel to the Windsor-Detroit Bridge Authority in connection with the $4.4 billion Gordie Howe International Bridge project
Preparing and negotiating design, construction, purchase and lease agreements for a $250 million hospital and $100 million cancer pavilion
Successfully defending the developer of a major Lake Michigan condominium project against multimillion-dollar construction defect claims
Securing a $1.7 million trial verdict for a subcontractor in a complex construction performance dispute involving defective products
Securing $20 million in economic incentives for a $140 million production facility
Representing an international mechanical contractor in the negotiation of a consolidated resolution of multijurisdictional construction disputes
Serving as trial counsel for a major design and engineering firm in a multimillion-dollar claim brought by a hospital, which settled for a nominal amount after two days of trial
Representing contractors and subcontractors in disputes involving delay, disruption, defective materials and construction performance issues
Representing contractors in disputes involving solar power plant construction projects and renewable energy facilities
Representing owners and contractors in disputes related to public school construction projects
Negotiating design and construction contracts for mixed-use commercial, retail and residential development projects
Advising owners on the design and construction of physician-owned medical office buildings
Representing developers in projects involving commercial development and infrastructure associated with redevelopment of a former military base
Representing a contractor in disputes involving unforeseen conditions related to contaminated soils discovered during construction

The right financing and incentive structure can be as important to a project as its design and construction documents. Warner attorneys work with owners, developers, lenders, borrowers, underwriters, remarketing agents and public entities to structure financing and identify resources that can help move projects forward.

We help clients pursue federal, state and local economic incentives, including tax increment financing, tax abatements and exemptions, state and federal tax credit programs, grants and low-interest loans. Our team also advises on public and private bond programs, tax-exempt and taxable financing and letters of credit.

Warner attorneys have helped secure more than $1 billion in federal and state credits and incentives to support private development and infrastructure projects.

Our experience includes financing, development, procurement and construction matters involving public-private partnerships. For more information, visit our Infrastructure and Public-Private Partnerships (P3) page.

Successful construction projects begin with thoughtful planning and well-drafted agreements that clearly allocate risk and define project responsibilities. Warner attorneys counsel owners, developers, contractors, design professionals and lenders throughout the procurement and contracting process to establish a solid legal framework before construction begins.

We assist clients with procurement strategies and the legal aspects of requests for qualifications (RFQs), requests for proposals (RFPs), invitations to bid and other procurement documents. Our attorneys prepare, review and negotiate owner-contractor agreements, architect and engineer agreements, construction management agreements, design-build agreements, subcontracts, consultant agreements and other project documents, including the contract forms incorporated into procurement packages. We also routinely develop and update standard construction contract templates tailored to our clients’ businesses, projects and risk management objectives.

Our attorneys regularly negotiate and revise industry-standard construction documents, including AIA, ConsensusDocs and EJCDC forms, as well as customized agreements for complex projects. We advise clients on selecting and implementing the project delivery method best suited to their objectives, including design-bid-build, construction manager at risk (CMAR), design-build, engineering, procurement and construction (EPC), integrated project delivery (IPD) and public-private partnership (P3) structures.

Our attorneys help clients allocate project risk through carefully negotiated contract provisions addressing indemnification, insurance, bonding, warranties, payment terms, changes in the work, delays, force majeure, dispute resolution and other commercial issues. We work closely with our clients to develop practical, repeatable contracting strategies that reduce risk across their construction portfolios while supporting efficient project delivery.

Construction disputes can disrupt projects, strain relationships and significantly increase costs. Warner’s construction dispute attorneys guide clients through disputes arising during all phases of construction, drawing on deep experience in construction contracts and the realities of project management.

Our litigators handle disputes in courts and arbitration forums across the country and regularly represent clients in matters involving design defects, delay and disruption claims, warranty issues, construction liens, insurance disputes and professional liability claims.

While we are prepared to litigate complex disputes when necessary, we recognize that prolonged litigation can derail projects and damage business relationships. Whenever possible, we work to resolve disputes early through negotiation, mediation or targeted intervention. Our focus is on helping clients move projects forward while protecting their long-term business interests.

For more detailed information about our litigation capabilities, visit our Construction Disputes page.

Construction projects frequently involve legal, financial and operational issues beyond the construction contract. Warner draws on attorneys across the firm to provide coordinated counsel in areas including:

Real estate development and land use
Environmental regulation and compliance
Government contracting and procurement
Economic incentives and project financing
Labor and employment issues
Bankruptcy and restructuring
Tax planning and structuring

This multidisciplinary approach allows Warner to provide comprehensive counsel tailored to the specific legal, financial and operational challenges of each project.