Differing Site Conditions in Construction Projects: Bringing and Defending Claims, Risk Mitigation Strategies

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. Mroczkowski represents businesses up and down the construction contract chain—from owners and developers and lenders and sureties to contractors and subcontractors to architects and engineers—helping them deal fairly with other parties and protecting their rights when those other parties fail to meet their obligations. He is the consummate outside construction counsel, drafting, reviewing, and negotiating contracts for clients ranging from large corporations to small closely held companies, but primarily litigating all manner of commercial construction disputes in state and federal courts and mediation and arbitration proceedings throughout the country. In addition to his construction practice, Mr. Mroczkowski regularly advises clients on issues involving breach of contract, complex commercial foreclosures and workouts, lease disputes, liquidations, bankruptcy preferences, and fraudulent transfers.

Mr. Sherman is an experienced construction attorney with significant construction transactional, consulting, and litigation experience. In this capacity, he assists construction project owners, developers, general contractors, construction management firms, subcontractors, and material suppliers with real-time project consulting, drafting and negotiating all manner of construction agreements and forms, and with prosecuting and defending construction disputes. Mr. Sherman is a frequent lecturer on insurance law matters.