Construction Planning

Clients turn to our Construction Planning attorneys for advice on nearly every aspect of the construction process, including:

• Planning and structuring relationships and negotiating contracts and agreements among owners, developers, architects, design consultants, contractors, construction managers, design builders, public entities, lenders, title insurance companies, and tenants
• Preparation of front-end documents
• Consultation regarding state, local and federal investment incentives and negotiation of incentives
• Construction lending and disbursement
• Construction administration
• Bonding matters
• Dispute and lien-claim resolution
• Coordinating construction and design agreements with zoning and land-use law and coordinating relations among client, architect, contractor, lender, and major tenants
• Preparation and negotiation of customized documents tailored to specific client and/or project needs
• Preparation of form documents geared to projects and financing typically undertaken by a client
• Consultation regarding LEED-certification, design and construction issues under green leases, design and construction of alternative energy production facilities for developments, and other sustainability-related issues

Honigman's attorneys are experienced in all of the various construction project delivery mechanisms, including fixed-price, cost-plus, and guaranteed maximum price general contracting, as well as construction management, multiprime contracting, design-build, fast-track, partnering, and hybrid mechanisms such as specialized preconstruction/construction arrangements. The combined construction and real estate experience of our Construction Planning practice attorneys allows us to approach the construction program on a transactional basis in which the terms of the construction and design contracts are carefully coordinated with each other and all other agreements.

We are also proficient in environmentally driven construction issues and possess extensive experience working with clients on projects that require remediation of contaminated soil and river sediment, asbestos abatement, and treatment of underground storage tanks.

Litigation Services

The Construction Planning practice group works closely with our construction litigation attorneys to identify, evaluate, and minimize litigation risks in connection with construction activities. When litigation or arbitration is unavoidable, attorneys from the Litigation department take the lead by applying their construction experience and trial advocacy skills to gain the maximum benefit for our clients.

Our experienced litigators handle routine litigation problems such as construction lien suits for many owners, contractors, and subcontractors. They are equally strong in complex and lengthy litigation matters. For example, our litigation team conducted one of the longest construction contract trials in Michigan court history. In the 10-month trial, our litigators successfully defended the owner of Detroit's Renaissance Center against a contractor's claim for extra payments and ultimately won a recovery from the contractor for deficient performance.

We serve a broad range of clients, including owners; construction managers; general contractors and specialty subcontractors; architects; lenders; title insurers; manufacturers; retailers and wholesalers; healthcare providers; and office, retail, and residential developers and builders.