From site acquisition and development to completed construction, Spotts Fain's construction industry team is experienced in all phases of project development and delivery.  Working with various members of the industry - whether developers, contractors, construction managers, design professionals or suppliers - our team understands what it takes to plan and build a successful project.  We have assisted clients develop and/or construct commercial, retail and governmental developments, 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

Our team understands the importance of getting a solid legal agreement in place.  While knowledgeable of various industry contract forms (AIA, Design-Build Institute, AGC, Consensus DOCS and others), we also have significant experience in drafting agreements particularly suited for our clients' needs.  When legal issues arise during the course of a project, we assist our clients in administering their agreements by providing advice and guidance in how best to address issues, believing that it is generally better to resolve an issue quickly rather than allowing it to remain open.


Our team includes attorneys with particular expertise in the transactional side of projects.  Expertise and experience include financing, refinancing and restructuring of financing; zoning, permitting and land use; and bankruptcy, insolvency, foreclosure and workouts. 

Mechanic's Liens and Surety Bonds

Delays in or failures to make payments on a construction project often trigger mechanic's liens or payment bond claims.  We offer advice to clients on the use of such measures to obtain payment and are experienced in the process of preparing and enforcing mechanic's liens and bond claims.  Alternatively, we assist clients in the defense of liens and bond claims.


When parties to a project cannot resolve their differences, they often resort to the courts.  Our team includes members of the Spotts Fain Litigation Team who specialize in trying construction cases to a judge or jury.  We have tried cases involving impacts such as 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 a wide variety of construction claims, the majority of which lead to a successful final resolution.  If parties choose not to mediate, or are unsuccessful in doing so, they often agree to resolve their disputes in arbitration rather than going to court.  Arbitration is typically a binding process whereby a disinterested panel of knowledgeable arbitrators hears evidence and renders a decision on the claims. Members of our team have represented clients in a number of arbitration proceedings conducted pursuant to the Federal Arbitration Act, the State Uniform Arbitration Acts and before panels of the American Arbitration Association and other arbitration tribunals.

Labor, Employment and Licensing

Spotts Fain provides legal counsel and representation in labor and employment law and related civil litigation. Our focus is on representing the needs of employers and management in all areas of employment with a goal of eliminating risk and placing the client in the best position should litigation arise. Our firm is recognized throughout the region for our experience and intelligent protection of management and employers' rights.

Public Procurement and Protests

Members of our team routinely advise clients intending to do business with the Commonwealth of Virginia and its agencies.  We are frequently called upon to represent clients in disputes related to pre-qualification, bidding and claims arising out of the public procurement process.

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