Avoid, Manage and Resolve Disputes
We know that construction is a risky business, and managing and mitigating those risks can seem complicated.
At Ernstrom & Dreste, we partner with our clients to do things better. Our 100 years of combined experience in all aspects of the construction contract process helps our clients to avoid and manage disputes better. To better structure transactions. To use better contract documents. To avoid litigation or, if necessary, litigate to win.
From project delivery system selection to an informed surety and insurance product plan, we guide clients through the many complex issues and risk allocation considerations that arise in the construction arena. Our practice provides value-added “up-front” services like contract review, counseling, and negotiation. We are at the cutting edge of recent legal and industry changes, ready to help clients to respond, to pivot, or to take advantage of new opportunities.
Our attorneys work with clients to identify both common and unique risks to avoid the conflicts that often lead to litigation, including consideration and implementation of early solutions to save our clients time and resources. We strive to avoid costly litigation. When we cannot, Ernstrom & Dreste attorneys work with clients to determine how best to protect their rights, proceeding aggressively to achieve the best possible outcome.
Ernstrom & Dreste attorneys counsel and represent clients in these areas of construction law and litigation, among others:
- Contractor risk management programs, including pre- and post-contract processes
- Analyze, prepare and negotiate:
- Construction, design, design-build, and construction management contracts
- Joint venture (JV) agreements
- Subcontracts
- Material and equipment purchase orders and contracts
- Prevailing Wage, Project Labor Agreement, Wage Theft Act, Prompt Payment Act and other Labor Law issues, compliance and resolution
- Bid, payment, and performance bonds
- Bids, bid mistakes, and bid disputes
- Construction disputes, including alternative dispute resolution methods and litigation
- Claims and scheduling issues related to delay, acceleration, inefficiency, and productivity losses
- Change orders, scope of work, extra work, differing site conditions
- Preservation and prosecution of mechanic’s lien rights, insurance claims, and bond claims
- Risk management aligned master subcontract agreements, and cost saving master subcontractor programs
- Default and termination, including arbitration/litigation of wrongful termination
- Defense of claims against contractor or contractor’s surety
- Client Staff training:
- Pre-contractual review of projects and proposed contracts
- Recognition of potential claims and compliance with claim processes
- Preservation and pursuit of complex contract claims
- State and federal court litigation
- Arbitration
- Mediation
Construction Defects/Defense
Our solid base of construction knowledge strengthens our ability to effectively handle the defense of claims based upon construction defects and other negligence in construction operations.
- Property damage and related claims arising from defective construction and construction operations
- Self-insured retention and fully insured matters
“Construction Risk Management is the very heart of our practice, and our attorneys are accomplished, experienced risk managers. With the goal of addressing potential dangers on the front end to avoid disputes down the road, every matter our clients bring to us receives the attention needed to achieve the best possible result.”
