From site acquisition and development to completed construction, Spotts Fain's construction team is experienced in all phases of project development and delivery. Working with developers, contractors, construction managers, design professionals, or suppliers, our team understands what it takes to plan and build a successful project. We assist clients with commercial, retail and governmental projects, roads, bridges, pipelines and other infrastructure, and multi-family and mixed-use projects. We offer advice and counseling in a wide variety of industry-related matters.
Contract Negotiation, Preparation, and Administration
We understand the importance of getting a solid legal agreement in place. We regularly work with various industry contract forms (AIA, Design-Build Institute, AGC, Consensus DOCS and others) and also draft agreements particularly suited for our clients' needs. When legal issues arise during a project, we advise and guide our clients on how best to address issues, believing that it is generally better to settle an issue quickly rather than allowing it to continue unresolved.
We help our clients with the transactional side of projects including financing, condemnation, zoning, permitting, and planning, as well as addressing issues arising concerning bankruptcy, insolvency, foreclosure, and workouts.
Mechanic's Liens and Surety Bonds
Delays in payments frequently trigger mechanic's liens or payment bond claims. We advise clients on the use of such measures and regularly prepare and enforce mechanic's liens and bond claims or defend against these claims.
When parties to a project cannot resolve their differences, they often resort to court. Our team specializes in trying construction cases to a judge or jury, concerning a variety of issues including impact claims resulting from delay, acceleration, loss of productivity and differing site conditions, defective materials, design errors, and mechanic's lien and bond claims.
Mediation and Arbitration
In lieu of heading to court, parties often agree to resolve their disputes through mediation or arbitration. Mediation is typically a non-binding confidential process whereby parties attempt to resolve their disputes with the assistance of an independent mediator. Our team has extensive experience in mediating construction disputes, the majority of which are resolved in this process. If parties choose not to mediate, or are unsuccessful in mediation, they often agree to resolve their disputes in arbitration rather than in court. Arbitration is typically a binding process whereby a disinterested arbitrator or panel of arbitrators hears evidence and renders a decision on the claims. Members of our team represent clients in arbitration proceedings conducted under the Federal Arbitration Act, the State Uniform Arbitration Acts, and before panels of the American Arbitration Association, the International Court of Arbitration of the International Chamber of Commerce, and other similar tribunals.
Public Procurement and Protests
Members of our team routinely advise clients intending to do business with the Commonwealth of Virginia, local governments, and their agencies. We frequently represent clients in disputes related to pre-qualification, debarment, bidding, and claims arising out of governmental procurement of goods and services.