Construction

Construction

We understand the unique challenges of each phase of a construction project and provide counsel to address critical legal issues.

The Waller team guides clients through the design, construction and development of commercial, industrial, residential and public-sector projects in a broad range of industries, including healthcare, manufacturing and hospitality. Our government relations and real estate attorneys often complement the services provided by our construction team.

Waller handles all aspects of the construction project delivery process, including transactional support prior to the construction phase, operational assistance during the course of construction and contested claims involving delay, defective work claims, design error, unforeseen site conditions and payment disputes. The team is equipped to handle all aspects of the development cycle.

Clients rely on the Waller team for advice in relation to:

  • Project delivery selection
  • Preparation and negotiation of design and construction agreements, such as those published by the American Institute of Architects, the Associated General Contractors of America and the Engineers Joint Contract Documents Committee 
  • Construction insurance 
  • Incentives 
  • Litigation, mediation and arbitration of disputes involving: payment, workmanship and construction defects; design issues; liens and surety performance; completion delays; and construction financing disputes

Related Experience View More

Lender provides approx. $25 million construction loan to finance mixed-use historic rehabilitation project

Represented a specialty lender in an approx. $25 million construction loan to finance construction of a mixed-use historic rehabilitation project in South Carolina, secured by a first lien mortgage.

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Developer resolves construction liens to proceed with refinance

Counseled a developer backed by a real estate private equity firm in resolving construction liens that existed on a Georgia commercial property in order to complete a refinance in excess of $50 million.

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Sports construction company faces OSHA investigation after death of an employee

Managed an OSHA investigation for a sports construction company following the death of an employee and managed the mediation efforts and crises plan with management.

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Subcontractor pursues payment dispute

Served as lead counsel to the subcontractor and worked to win a favorable settlement.

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Developer sues environmental professional in case of negligence claims

Represented a developer in suing an environmental professional on the basis of professional negligence and breach of contract claims related to disturbed wetlands during a residential construction project. Obtained a six-figure settlement following mediation and without dispositive motion practice.

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Concrete subcontractor obtains significant settlement in payment claims dispute

Represented a concrete subcontractor in filing payment claims against a general contractor and well-known manufacturer-owner related to a large-scale southeastern U.S. commercial construction project in the southeast of the U.S. Obtained a significant settlement for the concrete subcontractor.

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