Construction Transactions

Whitaker Chalk construction attorneys know the fundamentals and speak the language of the construction industry.  This provides us with the unique ability to work alongside our construction clients to spot problems from the onset, understand the practical application of our counsel and find creative solutions to get projects done correctly and on time.

We provide thoughtful and strategic counsel to general contractors, owners, developers, architects, designers, engineers, subcontractors, vendors and suppliers in all phases of commercial and residential construction transactions—ranging from small single family home projects to multimillion dollar commercial projects. Our practice continues to evolve to keep stride with the expanding scale and complexity of today’s construction projects and construction laws and regulations, and we appreciate the dynamic relationships that exist between the parties in modern projects. As potential disputes arise, our attorneys are skilled at containing initial discord and insuring proper documentation to secure interim productively and keep pace with project completion deadlines.

We draft and negotiate the construction contracts, construction financing documents, design agreements, engineering agreements and management agreements that every successful construction project is built on. Keeping in mind the numerous construction issues that we litigate, we draft or negotiate construction documents to either prevent disputes or limit our client’s risk if disputes do arise.  We also have extensive experience with insurance coverage, indemnity provisions, expressed and implied warranties, remedies for damages, pay-when-paid concepts, retainage and proper assignment of liability for construction defects and this allows us to draft custom documents to meet our client’s specific needs.  With this experience and attention to detail, we strive to provide our clients with contracts that will both get the project done, and hold all the parties accountable for their duties in a project.

We are proactive in improving our construction client’s practices and procedures in order to increase efficiency, limit liability and improve the bottom line—not just waiting to solve problems that arise but finding practical and creative solutions to prevent problems from occurring.  Once the project is under way, if requested, we work with clients to analyze and modify key project documents, including change orders, lien releases, plans & specifications and correspondence in order to protect the client’s interests, follow notice requirements and avoid potential disputes.

Some of these contracts and transactions include:

  • Construction Contracts
  • Construction Finance
  • Interim Construction Loans
  • Design Agreements
  • Engineering Agreements
  • Design-Build Agreements
  • Master Subcontract Agreements
  • Subcontract Agreements
  • Project Subcontract Agreements
  • Change Orders
  • Zoning Variance Procedures
  • Medical and Hospital Facilities
  • Hotel Projects
  • Condominium Projects
  • Multifamily Projects
  • Single Family Projects
  • School and Educational Facilities
  • Sports Facilities
  • Church Facilities
  • Government Projects
  • Public Projects
  • High Security Clearance Projects
  • Obtaining and Enforcing Payment and Surety Bonds
  • Notice Process of Liens
  • Industrial Projects
  • Road Construction Agreements
  • Retaining Wall Agreements
  • Custom Homes
  • Spec Homes
  • Incomplete Construction Sales Contracts
  • Statutory Waivers & Release of Claims
  • Mechanic’s & Materialman’s Liens
  • Lien Releases
  • Limited Warranties
  • Safety Processes & Procedures
  • Deed Restrictions for Subdivisions
  • Complete Contract Packages for Residential Builder/Developers

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