Construction

SmithAmundsen is the construction industry’s premier comprehensive legal services provider. We know the industry in a way that no other law firm does. Many of our attorneys having worked in the industry and regularly provide the following legal services to the following industry partners:

Corporate/Construction

• Outside general counsel services, offering legal and business advice on issues as encountered
• Analyzing, drafting, and negotiating construction contracts
• Providing emergency response services during OSHA investigations and other catastrophic events
• Managing OSHA inspections
• Evaluating existing and necessary insurance coverage, including commercial general liability, professional liability, builders’ risk, contractor-controlled, and owner-controlled (wrap-up) policies
• Evaluating and developing alternatives to traditional coverage schemes

Litigation/Construction

• Defending catastrophic personal injury, property damage, environmental and toxic exposure claims arising in the construction setting
• Litigating commercial and contract claims
• Perfecting and litigating mechanics lien and bond claims
• Defending complex construction defect claims
• Contesting and litigating OSHA citations
• Identifying, evaluating, tendering, and enforcing coverage on behalf of design professionals, owners, and contractors

Labor & Employment /Construction

• Human Resources – Counsel as to all aspects of hiring, discipline and termination process, develop workplace policies, conduct investigations, guide through complexities of the ADA and FMLA, VESSA and workers’ compensation leave, assess employee classification, and manage wage and hour matters.
• Union Relations – Develop union avoidance strategy, negotiate and administer collective bargaining agreements, steer through NLRB election/deauthorization/decertification process, and plan for strike/picket activity
• Government Regulation, Audit and Compliance (USDOL, OFCCP, EEOC, NLRB, OSHA and state equivalent agencies, including prevailing wage) – Develop compliance strategies, education and compliance training, representation in government agency audit and investigations, assessment and conciliation.
• Employee Benefits & Compensation – Navigate ERISA and ACA requirements, union fringe benefit fund audits, and withdrawal liability issues
• Staffing Agency, Independent Contractor & Contingent Workforce – Develop  strategy for avoidance of employer liability
• Workers’ Compensation – Analyze risk, coverage and loss prevention, and evaluate safety policies.
• Litigation – Defend against the full spectrum of employment-related claims including matters pending before federal and state government agencies (EEOC, NLRB, USDOL, IDOL, IDHR), federal and state court and labor arbitration. 

REPRESENTATIVE CONSTRUCTION INDUSTRY CLIENTS

• General and specialty contractors
• General contractors
• Design-build contractors
• Construction managers
• Home builders
• Material and equipment suppliers
  • Material suppliers
  • Material manufacturers and processors
  • Equipment manufacturers
  • Equipment sales and rental companies
• Owners and developers
  • Commercial and residential
  • Condominium associations
• Design Professionals
  • Architects
  • Engineers
  • Surveyors
• Insurers
  • Builders’ risk
  • Commercial general liability
  • Excess insurers
  • OCIPs and CCIPs (“wrap-ups”)
  • Professional liability
  • Railroad protective liability