Recurring Construction Disputes Between Project Participants in an Unstable Market: Drafting to Mitigate Risk

Mr. Adelstein represents general contractors, subcontractors, design professionals, developers, associations, suppliers, sureties, and owners in a myriad of construction matters including, without limitation, construction/design defect claims, schedule-based claims (including inefficiency, lost productivity, and acceleration claims), bid protests, payment disputes, lien and bond claims, liability and property insurance issues, and a host of other issues that affect the construction industry. He prepares and negotiates construction contracts for clients utilizing AIA, EJCDC, and AGC industry form documents, as well as contracts that are not based on an industry form document.

Mr. Johnson has over 30 years of experience in construction, environmental and real estate litigation matters. He has first chair experience in over 30 jury trials, bench trials and complex arbitrations. Mr. Johnson’s construction law experience includes representing owners, general contractors, subcontractors, and design professionals in private and public works construction litigation involving extra work claims, changed condition claims, delay claims, loss of productivity claims, defective work claims, products liability claims regarding defects in construction materials, insurance coverage for construction claims, and California contractor’s licensing laws. He has represented clients in arbitrations and lawsuits regarding an array of construction disputes in state and federal courts in several states as well as the federal Civilian Board of Contract Appeals and the California Public Works Contract Arbitration program. Mr. Johnson is a frequent author and speaker on topics regarding the construction industry.

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 disputes in state and federal courts and mediation and arbitration proceedings throughout the country. Mr. Mroczkowski regularly advises clients on issues involving breach of contract, lien and bond claims, defects, defaults, complex commercial foreclosures, lease disputes, liquidations, bankruptcy preference, and fraudulent transfers.