Boilerplate Language in Construction Contracts: Avoiding Unintended Consequences, Implementing Practical Solutions

Mr. Cahalan has substantial experience representing owners, contractors, subcontractors, engineers, architects, suppliers, manufacturers and vendors in connection with construction, commercial and other business matters. His practice primarily consists of drafting and reviewing construction contracts, providing advice during construction and construction litigation, arbitration and mediation. Mr. Cahalan was the primary drafter of the Associated Owners and Developers’ AOD 2002 – Standard Form of Agreement Between Owner and Contractor Where the Price Is Fixed or Lump Sum, and the Associated Owners and Developers’ AOD 2003 – Standard Form of Agreement Between Owner and Contractor for Work on a Cost Plus Fee Basis With a Guaranteed Maximum Price. He has also given numerous seminars throughout the U.S. and Europe concerning construction contracts, implied contract obligations, claims, green building, construction insurance, and mechanics lien law. Since 2010, Mr. Cahalan has been an instructor at the Georgia Institute of Technology where he teaches Design and Construction Law.

Mr. Hogue maintains a multi-disciplinary construction practice providing representation to owners, developers, and major corporations in all aspects and phases of construction and project development in the real estate industry. His practice provides an integrated “one-stop-shop” for a broad cross-section of public and private sector clients in due diligence, transactions, tenant buildouts, project oversight and management, regulatory compliance, disputes, litigation, and restructuring/bankruptcy matters. Using his broad experience with project development in an array of differing geographic and economic conditions, Mr. Hogue represents clients in a variety of industries ranging from hospitality and multifamily development to digital infrastructure and transportation/mass transit throughout the U.S. and abroad. His cross-disciplinary legal training provides a deeper understanding of his clients’ needs at all stages of the project development life cycle, from due diligence and initial design and construction contract negotiation to pre- and post-completion dispute resolution and litigation to bankruptcy restructurings and distressed asset dispositions. Mr. Hogue also regularly advises developers and affiliated contractors on regulatory and licensing issues.

Mr. Thornton practices primarily in the area of construction law. He represents all types of entities in the construction industry, including owners, contractors, subcontractors, suppliers, design professionals, and others. Mr. Thornton represents clients both large and small—private companies, municipalities, homeowners associations, small businesses, and individuals. His practice includes both transactional and dispute resolution matters. At the beginning stages of the construction process, Mr. Thornton assists in the drafting, negotiation, and review of construction contracts. During construction, he provides ongoing advice as to parties’ rights and responsibilities. When disputes arise, Mr. Thornton prosecutes and defends claims, including claims brought through litigation and arbitration.