Contract Drafting & Negotiation

Contract Drafting & Negotiation

We have extensive experience drafting and negotiating design and construction agreements for a wide variety of public and private building and infrastructure projects, including bridges, power plants, wind farms, solar farms, hotels, casinos, hospitals, and university campuses.

Our experience includes both industry form contract documents (AIA, AGC, and Consensus Docs) and “bespoke” or “manuscript” contracts written from scratch. Some of the types of agreements that we regularly draft and negotiate are:

  • EPC agreements
  • General contractor agreements (GMP, lump sum, and cost-of-work plus fee)
  • Design-professional agreements (owner/architect, engineering services, other consultants)
  • Construction management agreements (both “at risk” and CM as agent)
  • Design-build agreements
  • Operations and maintenance agreements
  • Development agreements for public-private partnership (P-3) projects and transportation projects generally

Because we work exclusively in the field of construction law, we know the market on various deal-points and legal issues, such as liquidated damages, use of contingency, contractor markups, or insurance requirements. Our clients rely on us for this industry knowledge, which not only leads to a better outcome but also speeds up negotiations.

Additionally, because we also litigate construction contracts, we have practical real-world experience regarding what can go wrong. This allows us to advise our clients as to which points are material to enforcing their rights throughout a project life cycle, and which ones can be compromised in order to reach a business deal. We also make sure the contract language complies with applicable jurisdictional limitations and restrictions.

Recent Experience

We created a suite of manuscript contracts for a major California health care provider for the design and construction of hospitals and other capital improvements expected to total as much as $5 billion over 10 years.

We drafted and negotiated all the major project agreements, including the general contract, owner/architect agreement, demolition contract, and the CM-as-agent agreement for a $1.6 billion high-rise development in downtown San Francisco.

We drafted and negotiated the construction contract for a $430 million multi-building campus south of the San Francisco International Airport.

We represented a public owner in the negotiation of a multi-prime, agency construction manager, project delivery system for a major hospital expansion.