Construction Law Practice

Overview

Lubin Olson & Niewiadomski’s construction practice group represents and guides clients through every phase of construction projects, from planning, design and procurement through contracting, construction, project close-out, and dispute resolution. With deep experience with projects of all sizes in California, nationally and internationally, the Lubin Olson & Niewiadomski team understands how projects are conceived, financed and delivered. That insight allows our team to provide strategic, commercially-focused, tailored solutions to our clients.

Early Planning and Design

We advise clients at the earliest stages of a project, including:

• Land and right-of-way acquisition;
• Land use, planning, and entitlements; and
• Contracting with architects, engineers, and other design professionals.

Our experience with project design and challenges on a vast array of public and private projects allows us to engage substantively with design professionals and to identify and mitigate risk before it becomes embedded in a project.

 Contracting and Delivery Strategy

Lubin Olson & Niewiadomski has substantial experience drafting and negotiating construction contracts across a variety of delivery methods and project types. We regularly handle:

• Design-build, EPC, CM/GC, and master service agreements;
• Standard industry contract forms (i.e. AIA, ConsensusDocs); and
• Project-specific and portfolio-wide contracting strategies.

Our focus is not only on allocating risk on paper, but on ensuring that contract provisions function effectively during project administration. We also counsel clients on permitting and license issues, labor compliance, and insurance and surety bonds.

 Project Administration and Claims

During construction, we counsel clients through project issues and claims, including:

• Delay, extra work, differing site conditions, and liquidated damages claims;
• Change management and claim evaluation; and
• Default and termination.

We support clients during the course of construction with respect to payment and performance bond strategy and claims, insurance placement and claims (including OCIPs and CCIPs), stop notices, mechanic’s liens, and related demands for defense, indemnity, and bonding.

 Disputes and Formal Resolution

When disputes cannot be resolved informally, we represent clients in the prosecution and defense of construction claims in mediation, arbitration, litigation, and on appeal. We regularly handle claims by and against:

• Developers and owners;
• General contractors;
• Subcontractors and suppliers; and
• Design professionals.

Our experience includes termination claims (for default and for convenience), indemnity disputes, professional liability claims, and contractor and engineer licensing issues.

 Delay, Damages, and Technical Claims

Our lawyers have a deep understanding of delay, extra work, and defect claims. We have significant experience with critical path method scheduling and work regularly with nationally-recognized forensic schedule analysts, construction cost engineers, and forensic accountants to develop, document, and present complex claims involving delay, disruption, productivity loss, and cost impacts. We also handle lateral support, water intrusion, geotechnical, and other site condition disputes that arise at the intersection of design, construction means and methods, and risk allocation.

 Local Roots with Global Reach

Lubin Olson & Niewiadomski is firmly rooted in the San Francisco Bay Area, with over 40 years’ experience advising clients on development and construction projects throughout California, across the country, and internationally, often coordinating with local counsel while maintaining a consistent, disciplined legal strategy.

Our approach is practical and rigorous, and informed by how construction projects are actually and successfully completed in the real world. We provide clients with clear advice, careful risk management, and strong advocacy at every stage of the construction process.

For more information about Lubin Olson’s Construction service, please contact Richard E. Elder or Bryan S. Silverman.