The written contract forms the basis of the various relationships on a construction project.  All parties to the construction process - owners, architects, general contractors, subcontractors, laborers, and material suppliers - have a great deal at stake in the process of preparing and executing their contracts.  Ordinarily, the party which is "superior" in the relationship prepares the contract for signature by the other party.  For example, the owner would ordinarily present a contract to the general contractor, and the general contractor would, in turn prepare a contract for execution by the subcontractor.  Marin Law Partners, LLP has experience in the drafting and review of a wide variety of construction contract terms.  Whether the parties elect to use a standard form of agreement, such as those published by the Associated General Contractors of America (AGC) or the American Institute of Architects (AIA), or choose instead to have a custom-drafted contract to suit a particular project, the attorneys at Marin Law Partners, LLP have the right combination of education and experience to help you succeed.  The firm generally recommends the use of written contracts for all aspects of construction work, and can draft a custom contract according to your specifications, advise you on the proper terms and provisions to be included in your contract and, if desired, can prepare many kinds of detailed contracts using the AIA and AGA forms as a starting point.

The Construction Practice at Marin Law Partners, LLP is predominantly a plaintiff's practice specializing in issues related to the prosecution of claims on behalf of contractors, engineers, architects and developers.  The firm is also well-suited to bringing certain kinds of claims on behalf of plaintiff homeowners and owners of commercial real property, against both private and public entities. Contact us to find out if we can represent you in your claim.

Contractors

The nature of the construction business for contractors today requires ever-increasing attention to the principles of risk management. Most projects contain four distinct "phases" which can be termed as follows: (1) planning, (2) design, (3) construction, and (4) post-construction close-out. Each of these phases presents unique risks, and unique opportunities for risk management, to the professionals working on the project.  As a construction contractor, you are obviously most interested in the third project phase, in which the contractors dominate the project and are called upon to implement the plans of the various project designers.  However, an understanding of all phases of the project is essential to effective management of risk in the construction phase, as well as in the post-construction close-out of the project.  Marin Law Partners, LLP can bring you that understanding, both through experienced counsel and through consultation with leading industry experts.

In the planning and design phases, the wishes of the project developers and owners are reviewed by the designers and analyzed in terms of their feasibility, or lack thereof.  When plausible and cost-efficient objectives are set in place, the designers develop a set of plans and written specifications which are to be used by the various project contractors and subcontractors to bring the stated objectives to reality.  It is common experience among contrcators that the project plans and specifications, despite thorough review by the designers and engineers, are rarely suitable for construction unless and until the general contractor, in consultation with key subcontractors, has reviewed the plans and been given an opportunity to comment on them, incorporating appropriate "buildability" modifications where necessary.  Similarly, the contract and subcontract documents have not always been prepared with the interests of the builders in mind.  Marin Law Partners, LLP can become involved in the project from the initial bid preparation through the signing of the contract documents, to represent your interests and assist you in negotiations.

Some Types of Risk Inherent in Construction Projects

Monetary and Financial Risk

Weather Risk and "Acts of God"

Technical Risks

Managerial Risks

Errors and Omissions

Delay