Contracts

The success of major construction projects — and the outcome of subsequent disputes — is often determined early on, when contracts are negotiated. Construction industry clients rely on Fox to review, structure and negotiate contracts to avoid costly delays and disputes, mitigate risk, lessen the likelihood of litigation and protect their interests, in a wide range of projects across multiple industries. We know the market and have extensive experience with a broad variety of agreements including design-build, cost-plus, engineer-procure-construction, joint-venture and guaranteed maximum price.

Fox’s construction practice covers an unusually wide array of industry segments with attorneys who have accumulated deep knowledge in their particular areas of focus. Fox advises clients on major federal construction contracts and international infrastructure projects, as well as private sector construction in the commercial, industrial and residential sectors.

Our attorneys respond quickly and authoritatively to clients, providing efficient document turnaround times, effective, conclusive negotiations and timely contract administration to keep ongoing projects on track.

Representative Matters

  • Hard Rock Hotel & Casino Atlantic City — Represented the owner in the negotiation and drafting of all aspects of construction for the casino, hotel and all related entertainment in Atlantic City, New Jersey.  Contracts included areas of demolition, exterior construction, interior construction, vertical transportation, audio, visual, lighting, and all design professionals and consultants.
  • Technion University — Drafted and negotiated joint venture agreement with Cornell University to develop and construct a premier, state-of-the-art applied science graduate school and research facility and campus on land provided by the City of New York on Roosevelt Island for Mayor Bloomberg’s signature economic development and infrastructure project.
  • Hudson River Park Trust — Successfully defended the Trust in a vigorously contested bid protest brought by a disappointed low bidder. The Trust is a public benefit corporation in partnership between the state of New York and New York City, charged with the design, construction and operation of the five-mile Hudson River Park.
  • Constructora Urbana, S.A. (CUSA)  Represented CUSA — one of the joint venture partners in the consortium that constructed the third lane of the Panama Canal, for ICC arbitration and English proceedings related to the construction of the third lane. Also represented CUSA as joint venture partner with French-based VINCI Construction for the construction of a four-lane concrete cable-stayed bridge north of the Panama Canal Gatun Locks, owned by the Panama Canal Authority, an autonomous entity of the Government of Panama. The construction of the three-kilometer bridge is part of the Panama Canal Expansion Program.
  • Ground Water Treatment/Technology, LLC (GWTT) Serving as senior member of GWTT Risk Management Team, analyzing contract risks and potential liabilities across all five vertical markets served by GWTT: general industry, chemical/pharmaceutical, utilities/power, oil/gas and government. Advise leadership on improved contract language to mitigate/reduce the magnitude of risk.
  • NYC Headquarters of IAC/InterActiveCorp Drafted, negotiated and counseled developer for and owner of Frank Gehry-designed headquarters of internet conglomerate with regard to contracts for construction management, design professional, trade contractor and consultant.
  • Verizon Communications, Inc. Drafted and negotiated contracts for construction management, design professional, trade contractor and consultant for national leader in the telecommunications industry.
  • Hospital Facility Advised a multibillion-dollar national contractor in the negotiation of a $200 million lump sum change order to a contract, with a guaranteed maximum price on a complex hospital facility, to reimburse the contractor and its specialty trade contractors for work beyond the original $500 million scope of the contract. The advice helped the contractor avoid millions of dollars in litigation expenses.
  • The Heat Group (d/b/a Miami Heat) American Airlines Arena — Drafted, negotiated, and obtained governmental approval of agreements with Miami-Dade County and the City of Miami as well as procurement and construction matters relative to the project, including issues related to the Port of Miami.
  • Lakeside Lodge, Clemson, South Carolina — Negotiated construction management agreement on behalf of owner of $24 million lakeside resort/condominium project providing luxury accommodations to fans of Clemson University in Clemson, South Carolina. Project involved complex insurance issues negotiated among multiple parties.
  • Delaware State Archives Building — Represented a contractor involved in a $15 million masonry contract for the Delaware State Archives Building that included 12 massive brick chimneys that were designed as part of the large roof structure. The roof leaked after completion. We represented the contractor in successfully demonstrating the architectural drawings were incomplete and incorrectly prepared, as opposed to the architect’s claims that the contractor did not properly follow the drawings and did not properly construct the chimneys.
  • Centennial American Properties, LLC — On behalf of owner, negotiated design and construction contracts with general contractor for development of mixed-use project in Greenville, South Carolina. Multi-phase development required schedule coordination among construction contracts and with contracts and leases with end-users. 
  • Represent major metropolitan museums in New York and Washington, D.C. with regard to renovations, including drafting and transactional advice for architectural, construction and consultant contracts.
  • Represent major student housing construction firm in contract negotiations and preparation for multiple student housing projects across multiple states.