Construction Law


Built to Last.

BMD’s Construction Group is built to deliver timely, practical and valuable advice to our clients today and well into the future. We assist clients in successfully delivering projects across the United States, offering sophisticated and experienced construction counsel every step of the way. With a healthy and broad perspective, we represent contractors, construction managers, design professionals, owners, developers, sureties and subcontractors in all phases of construction from project programming, procurement, bid protests, contract drafting and negotiation, financing, project delivery, insurance and risk management, defaults, delay claims, payment claims, alternative dispute resolution and litigation.

The BMD Construction Group has extensive experience representing clients who perform work on both public (local, state and federal) and private construction projects, and across a wide range of industry sectors such as healthcare, commercial office, hotel and hospitality, public roadways, bridges and other critical infrastructure, renewable energy, retail, public and private education, manufacturing, long-term care, multi-use developments, and recreational and athletic facilities.

Our attorneys regularly monitor trends, updates and issues impacting the economy and the industry by serving in leadership positions in trade associations, testifying before state legislatures, and regularly speaking on today’s critical and cutting-edge issues facing the construction industry, including collaborative project delivery methods, sustainable building standards such as LEED and WELL, OSHA and safety issues, labor disputes and workforce development strategies. 

Construction Project Planning and Advisory Services

We understand that every construction project is unique, not just in size and scope, but in risk profile, financing mechanisms, and time constraints. Thus, there is no one size fits all approach that works for the delivery of all construction projects. We work with our clients to evaluate and manage risk, maximize return on time and investment, and ultimately deliver a project that is on time and on budget – elements that we know are crucial to our clients’ bottom line We have experience negotiating construction contracts and counseling clients on the benefits and risks of traditional project delivery methods, as well as collaborative project delivery methods such as design-build, design-assist, joint venture, integrated project delivery (IPD), and public-private partnerships (PPP or P3). We have also developed a suite of customized advisory offerings and presentations regarding project procurement, project delivery, contract language and project documentation designed to assist clients proactively manage risk and avoid claims. We offer these programs to contractors, design professionals and owners on a predictable, affordable fee basis. 

Claims and Dispute Resolution

We anticipate and effectively resolve many controversies before they escalate into litigation or other costly dispute resolution proceedings. When unavoidable claims do arise, however, the BMD Construction Group has a long and proven track record of successfully representing clients on a broad range of claims and disputes, including delay and disruption, cost overruns, change order and scope of work, design issues, defective work, payment, mechanics’ lien and bond claims. We are often called upon when the stakes are highest, having successfully prosecuted and defended many multi-million-dollar disputes. Regardless of forum or venue, we know how to use the legal tools of negotiation, mediation, arbitration and litigation to resolve conflicts and deliver value. We pride ourselves on developing creative solutions to challenging legal problems.

Delivering Value

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 a predictable rate. Through the use of a litigation plan and budget, we provide our clients with an efficient way to anticipate and manage legal expenses which enables you to make informed decisions regarding the course of a dispute and eliminate surprises. Following your best practices in the construction industry, we carefully define our scope of work, delivery schedule and legal services budget to communicate the agreed upon plan of action and execute it with your support, trust and confidence.

We also understand that it takes a team to serve your needs. The BMD Construction Group brings 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 the success of your company and your project. We will offer the right resource to fit your specific needs.

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
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