Construction

  • Overview

    Miller & Martin's Construction lawyers can guide their clients through all phases of the construction process, providing a comprehensive range of services based on individual client needs. Our team supports owners, developers, contractors, subcontractors, suppliers, manufacturers, architects, engineers, construction managers, lenders and sureties.

    Understanding the complexities of a client's industry is paramount to any successful relationship. We can work with our clients in all stages of the construction process: from conceptual design and property acquisition through contract negotiations; risk management and contract compliance throughout construction itself; and claims management (including in progress dispute resolution), arbitration and litigation. Our bench of skilled attorneys stands ready to address tax and labor issues, environmental challenges, and other legal matters to include business planning and public-private partnership (P3) opportunities.

    Either through early direct negotiation, mediation, arbitration or litigation, we are experienced in resolving construction issues, whether in the early stages of contract negotiation, when a disagreement first arises, or in the end stage of full blown litigation and trial. Our attorneys recognize the importance of aggressive claims avoidance or management.

    Miller & Martin's construction lawyers are recognized leaders in the construction-law field, with members who have been included in The Best Lawyers in America®, Chambers USA: America's Leading Lawyers for Business, Lawdragon 3000 Leading Lawyers in the United States, Georgia Super Lawyers, Georgia Rising Stars, Mid-South Super Lawyers, and Mid-South Rising Stars. Some of our construction lawyers have drafted construction legislation and are active in industry trade groups, including Associated Builders & Contractors (ABC), Associated General Contractors (AGC) and the National Association of Women in Construction (NAWIC). We frequently speak at conferences, training seminars and industry-related events and publish articles in industry magazines, newsletters and periodicals.

  • Experience

    • Negotiated and modified AIA and other types of contracts for various commercial projects, including a $650 million convention center contract.
    • Represented a national correspondent bank in negotiation of a multimillion dollar AIA contract for the construction of an office building and multiple aircraft hangers.
    • Participated in or supervised the drafting of construction documents for the world's largest soft drink bottler.
    • Negotiated and drafted contracts between owners and general contractors and also between general contractors and sub-contractors with dollar values up to hundreds of millions.
    • Defended claims totaling $20 million in connection with a $250 million construction of a major ethanol conversion facility.
    • Defended one of the nation's largest chemical manufacturers in claims arising out of breach of contract and construction and function of a CO2 conversion facility.
    • Represented subcontractors in pursuing and defending claims on major construction projects, including a major arena resulting in recovery of nearly $1 million in delay claims.
    • Handled the negotiation of transportation and public infrastructure incentives in excess of $200 million dollars for development projects in various states for publicly traded companies.
    • Defended a yarn manufacturer in a multimillion dollar claim involving inducement to breach of contract.
    • Represented developer in a multimillion dollar arbitration involving defective work, delay damages and surety claims.
    • Represented clients in non-jury trials in a multitude of commercial areas including UCC, breach of contract, construction claims, insurance coverage, breach of employment contracts and covenants not to compete.
    • Consulted with large regional general contractors on risk management and construction disputes involving both small and multimillion dollar claims.
    • Successfully assisted clients with environmental enforcement and regulatory matters at the local, state and federal levels.
    • Served as defense counsel for contractors in nuisance/trespass suits by property owners.
    • Testified before the United States House of Representatives on the subject of environmental regulation and its impact on the private sector.
    • Represented explosives supplier of Nashville Superspeedway project resulting in judgment of approximately $1 million following trial.
    • Represented owners and general contractors in the preparation and negotiation of construction contracts for commercial construction and multi-family residential construction.
    • Drafted and managed both AIA and non-AIA construction and architectural agreements.
    • Prepared form contracts for a large hospital and various developers.
    • Advised on the expansion of manufacturing facilities including determining specifications for process equipment, fabricating equipment and infrastructure.
    • Represented regional industrial contracting company in connection with employee fatality at multi-employer manufacturing worksite. Assisted client with emergency response to fatality, interaction with medical examiner and managed client's OSHA fatality investigation including disputed cause of death, insurance claims, citation matters and sensitive interactions with other employer parties.
    • Represented regional highway and bridge construction company in MSHA enforcement matter related to equipment and operational matters at a regulated mine site. Negotiated complete elimination of significant and substantial "S&S" gravity citations, resulting in a nominal penalty of less than $400.
  • Appellate
    Bonds & Tax Incentives
    Healthcare
    Insurance Litigation
    Labor & Employment
    Litigation
    Real Estate
    Workplace Safety/OSHA