Morgan Lewis

Construction Contract Drafting and Negotiation

Our clients include public entities, numerous contractors, and owners of large commercial and industrial projects, as well as other entities involved in the fields of engineering, product manufacturing, bio-hazard detection, general construction, specialty subcontracting, and suppliers. In any project, the many risks of the engineering and construction process need to be identified, carefully assessed, and apportioned among the project participants. Well-structured written contracts cannot prevent problems from occurring, but they can aid greatly in minimizing disputes when they do occur.

Our lawyers work with clients in structuring, drafting, and negotiating key project contracts. We have handled a variety of types of contracts, including EPC (engineering, procurement and construction) contracts, architect/engineer contracts, turnkey and incentive fee/target price arrangements, Design/Build contracts, Guaranteed Maximum Price contracts, multiple prime contracts, construction management contracts, and owner’s representative contracts. We also give significant attention to coordinating requirements among the various project contracts, an area frequently overlooked but often of great importance when problems occur.

In addition to the primary contracts, our drafting experience extends to other agreements required by major projects, including joint venture/teaming agreements, subcontracts and purchase orders, consulting services, environmental remediation services, bonds, letters of credit, and other security agreements. We have developed and drafted form contracts for many clients that can be later modified to fit project-specific needs.

On smaller projects, our focus is often narrower and limited to issues such as scope of work, completion requirements, limitations of liability, indemnification, payments, and insurance. We work closely with clients to provide cost-effective counsel that meets the needs of the particular project.