Practices | Construction Law

Bernstein Shur’s team of experienced attorneys specializing in construction law is the largest group of its kind in northern New England. The members of the Construction Law Practice Group do more than occasionally draft construction contracts or resolve construction disputes. Our construction lawyers work continually in this area, staying abreast of legal and other developments in the field. Because of their substantial experience, Bernstein Shur’s lawyers know not just the law, but also the practicalities of construction projects – enabling them to deliver cost-effective solutions for their clients. Combining substantive expertise with a results-oriented approach, Bernstein Shur attorneys help clients avoid litigation whenever possible and resolve claims quickly and effectively when litigation cannot be avoided. Our knowledge of the players in the local industry, combined with the respect we have earned as practitioners, allows us to work collaboratively to find practical solutions to common problems.

Bernstein Shur represents construction contractors, construction managers, design/builders, subcontractors and suppliers, developers and owners, municipalities and special purpose districts, and surety and insurance companies. Bernstein Shur attorneys routinely adapt common industry agreements to meet the needs of their clients, draft customized documents where industry forms do not suffice, and assist clients in reviewing and revising proposed contracts. Our practice covers all aspects of construction law from strategic planning, negotiation, contract formation, and competitive bidding issues to job problems, extra compensation claims, mechanics’ liens, personal injury claims, surety claims, design professional claims, and insurance coverage issues.

Our work has included major involvement in the following kinds of projects:

  • Hospitals and schools
  • Municipal offices and public safety buildings
  • Commercial buildings and industrial facilities
  • Large residential and condominium projects
  • Power plants
  • Nuclear power plant decommissioning
  • Water and sewer treatment plants
  • Bridges and highways
  • Dredging and dam projects
  • Hydro power projects
  • Roads, piers, and utilities

We have appeared in state and federal courts and administrative agencies in all the New England States and numerous other jurisdictions. We have handled federal government procurement claims and have experience with the Court of Claims and the Board of Contract Appeals. The firm has also had a number of cases involving international contracting and dispute resolution (including major litigation involving European suppliers and engineers) and contract negotiations and disputes with German, Belgian, and Japanese designers and suppliers of equipment and technology.

We have prosecuted and defended a substantial number of claims in the following areas:

  • Delay, loss of efficiency, interference, loss of productivity, and extra and changed work claims
  • Personal injury and economic harm claims
  • CGL coverage issues
  • Builders risk, property, casualty, boiler and equipment losses, or failures in the workplace (including completed operations)
  • Payment and performance bond claims
  • Financing and workouts involving sureties (including the enforcement and defense of indemnification claims)
  • Toxic tort and the handling and disposal of hazardous wastes
  • Recovery of damages under errors and omissions policies.

Our practice includes contract drafting and negotiation and the structuring of particular projects. We understand design/build and construction management methods of project delivery. We have participated in all types of dispute resolution methods, including mediation, partnering, arbitration, and bench and jury trials. Several members of our group serve regularly as mediators and arbitrators of construction-related disputes. We have developed a nationwide reputation in this area of practice. We have participated in numerous seminars as faculty and presented papers on varied topics involving construction law.