Construction Practice Group

The Savage Law Partners Construction Law Group represents property owners, general contractors, sub-contractors, suppliers, construction managers, developers, sureties and lenders in all phases of the construction process — from the beginning of the project (consulting, contract negotiation and formation) to the end of the project (mediation/arbitration/litigation of disputes and mechanic’s liens). We have decades of experience in connection with projects ranging from residential builds to nine-figure mixed-used developments in both Rhode Island and Massachusetts across all project types, including commercial properties, office buildings, residential developments, condominiums, site preparation, public highway and bridge construction, shopping centers.

Our Construction Law Group utilizes the collective skills of our litigators and our transactional, corporate, environmental, and real estate lawyers to provide strategic advice to our clients throughout the construction industry. We have a strong track record of success in achieving favorable results for our clients.

PRACTICES

Bid Protests

We represent both governmental agencies and offerors in procurement challenges. If you have recently lost a bid and believe you have been denied selection on unfair grounds, our Construction Law attorneys can assist you in challenging the contract award.

Contracts
Construction contracts differ from general business agreements in many ways and often rely on a specialized body of law. Our experience in real estate and financing helps Savage Law Partners create ironclad contracts that still have the flexibility you and your business associates need. Oftentimes, our clients approach us to review agreements that have been presented with them. Our attorneys provide practical advice by focusing on those issues that are most essential to our clients in order to provide thorough, cost effective advice.

Scope Disputes
Scope disputes are amongst the most common reasons for construction litigation. Scope disputes can be avoided with proper contract drafting, but if you are party to a scope dispute, early intervention is often critical to a successful outcome. Our Construction Law attorneys are adept at providing practical advice during all stages of a scope dispute, up to and including litigation.

Construction Defect
Our attorneys represent owners, developers, contractors, subcontractors, architects and engineers in all aspects of construction defect disputes arising at all stages of construction. If you are involved in, or may be involved in a construction defect dispute, our experienced attorneys can assist you in evaluating your options and achieving a practical, cost-effective resolution.

Mechanics Liens/Liens
When payments aren’t made as anticipated, we can help you secure your interest in the value of the property to ensure that your investment in labor, materials, and money are reimbursed and protected. Our Construction Law attorneys also have considerable experience representing project owners defending and discharging wrongly filed liens.

Surety Bonds
Bond claims can be complex and difficult to understand. We have the experience to counsel our clients on bond options (such as payment and performance bonds) and to pursue or defend claims as necessary and appropriate.

Delay, Disruption and Interference
Construction delays and disruptions can be extremely costly for both contractors and owners. Our team can assist you in developing a construction contract that will both avoid unnecessary delays and put you in the best possible situation should a delay occur. Post commencement, we have a strong track record of relying on various dispute resolution mechanisms, up to and including litigation, to avoid delays and to realize financial recoveries for our clients where appropriate.

Change Orders
Similar to scope disputes, change orders often arise when there is a disagreement about the original scope of the project as contracted. Even when a change is clearly outside of the original scope, change orders often become a mechanism for a contractor who is behind to catch up on a project, either in timing or financially. The negotiation of change order terms are challenging and critical to a successful project. Our Construction Law Group has a proven track record of delivering favorable results in both change order negotiations and disputes.

Cost Accounting
Cost-plus construction contracts are increasing in popularity in this supply constrained construction market. Although these arrangements are often attractive, they can lead to a multitude of disputes as the project progresses. Our Construction Law team can help you negotiate an effective cost-plus contract to avoid these types of disputes. If the worst has already arisen and you find yourself in a dispute about a cost-plus contract, we have decades of experience both bringing and defending these types of claims and are well positioned to assist you in securing a favorable outcome.

Builder’s Risk Insurance Warranties
Unexpected warranty claims can be devastating for a contractor. It is critical to successfully negotiate warranty provisions in any construction contract to make sure you are protected. If a defect has arisen on a project you own, a warranty claim can be a way for you to ensure the defective work is corrected. Our experienced Construction Law attorneys are positioned to assist with warranty provisions and claims at all stages of the construction process.

Arbitration and Mediation
Often, mediation or arbitration is the best available avenue to resolving construction disputes, either because of cost considerations or because the relevant contract requires arbitration. Our Construction Law team are among the regions leaders in construction alternative dispute resolution representing all sides and serving as arbitrator or mediator in a multitude of disputes.

Receivership and Bankruptcy
Savage Law Partners has decades of experience dealing with insolvency issues as related to construction projects, and can guide property owners, industry tradesman and professionals, and contractors through bankruptcy and receivership proceedings.