Construction Law


The complexity of the construction industry often leads to legal conflict between owners, developers, contractors, subcontractors and other entities involved in a project.  With money, materials, resources, labor and scheduling at stake, the need for a highly skilled and experienced legal team to defend the clients’ interests is essential. The BMD Construction Team is committed to finding practical solutions to legal problems.

In an industry where controlling costs is both a challenge and a necessity, we have developed a comprehensive and systematic approach to delivering high-quality legal services at an affordable rate. 

Our attorneys stay on top of the issues impacting the industry by serving in leadership positions in trade groups, testifying before state legislatures, and regularly speaking on today’s critical and cutting-edge issues facing the construction industry, such as sustainable “green” building projects and alternative project delivery methods such as Integrated Project Delivery (IDP). 

BMD’s Construction Team assists clients in all phases of the construction project, from land acquisition, zoning, financing, design, contract documents, construction administration and management, to claims avoidance or resolution. Our services include assistance with the insurance claims and coverage issues which drive the resolution of many construction disputes.

Through a collaborative approach with our clients, we can anticipate and prevent potential problems that threaten a projects success. We draw upon a wealth of mediation and other alternative dispute resolution methods available to best serve our client’s interests in delivering projects on time and on budget.

Representative Experience

Our focus is meeting client objectives, maximizing recovery and containing costs. The BMD Construction Team evaluates the status of the current projects, plans for contingencies and takes the lead in framing an appropriate resolution. When disputes do arise, our construction law attorneys bring to the table years of experience and proven success representing our clients in complex litigation and arbitration matters before courts, administrative agencies and arbitration panels. Our successes include:

  • Lead counsel in $22 million claim involving litigation of design and construction of interceptor sanitary sewer system
  • Lead counsel in $11 million claim involving design, construction and adaptive re-use of historic building structure
  • Lead counsel in $5.6 million claim involving construction of a condominium project
  • Lead counsel in $4.2 million claim involving design-build project for bulk material handling system
  • Lead counsel in $1 million claim involving construction of a nursing home addition

Alternative Dispute Resolution (ADR)

In construction disputes, Alternative Dispute Resolution (ADR) is often a cost-effective way to obtain a favorable result while controlling litigation costs. The BMD Construction Team recognizes early resolution may be in the best interest of all parties.

Since most construction contracts contain provisions that control the manner in which disputes are to be resolved, it is extremely important that we become involved during the contract negotiation process. BMD’s construction attorneys have extensive experience drafting and negotiating ADR and other construction contract provisions, including those contained in the AIA-family of construction agreements. Our attorneys understand the technical and legal issues which are unique to construction claims and dispute resolution. We know how to use mediation, arbitration and litigation to resolve conflicts in a cost-effective manner.

Delivering Value and Controlling Costs

BMD is “pro-business” and understands the need to control legal costs, particularly in today’s economic climate. Through the use of a Litigation Plan and Budget, we are able to limit expenses and unexpected surprises while maintaining quality representation.  

In complex cases, the implementation of a litigation plan and budget provides clients with a way to anticipate their legal expenses which enables them to make informed decisions regarding the course of a dispute – tracking litigation costs, including attorney fees and expert witness expenses.

Using our experience and proven track record, we are able to “cut to the chase” and resolve disputes without getting lost in the maze of documents and side issues often present in construction disputes.

Additionally, we bring the resources of a highly respected, interdisciplinary firm accustomed to addressing significant contemporary issues in finance, insurance, real estate law, environmental and land use regulation, labor and employment, and other areas critical to a project’s success.

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