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Construction

Overview

Every phase of a construction project, from conceptual design through final completion and beyond, has the potential to encounter critical legal issues. The Waller team guides clients through the design, construction and development of commercial, industrial, residential, and public-sector projects in a broad range of industries, including healthcare, manufacturing, and hospitality. Our government relations and real estate attorneys, who represent some of the most active real estate developers across the Southeast, often complement the services provided by our construction team.

Clients rely on the Waller team for advice in relation to:

  • Project delivery selection
  • Construction insurance
  • Incentives
  • Litigation, mediation and arbitration of disputes involving:
    • Payment, workmanship and construction defects
    • Design issues
    • Liens and surety performance
    • Completion delays
    • Construction financing disputes 
  • Preparation and negotiation of design and construction agreements, such as those published by the American Institute of Architects, the Associated General Contractors of America and the Engineers Joint Contract Documents Committee

Representative clients include:

  • Architects
  • Construction lenders
  • Contractors and subcontractors
  • Design professionals
  • Project owners and developers
  • Suppliers
  • Trade associations

Developments include:

  • Corporate headquarters
  • High-end retail developments and lifestyle centers
  • Hospital and healthcare facilities
  • Large-scale residential developments
  • Mixed-use high-rise construction
  • Office buildings

Experience

Transactional

  • Developed custom suite of construction documents for leading provider of healthcare services, a company comprised of locally managed facilities that includes about 162 hospitals and 113 freestanding surgery centers in 20 states and England
  • Prepared custom suite of modified AIA agreements for real estate investment trust that has properties are located in 28 states, totaling approximately 13.5 million square feet
  • Prepared construction documents for purchase and installation of video scoring and matrix display systems as part of upgrades to an NFL stadium arena that seats just under 70,000 people
  • Drafted and negotiated construction contracts involving multi-phased multi-prime mix-used development project in Franklin, Tennessee
  • Drafted and negotiated construction contracts for internationally owned company’s U.S. headquarters

Litigation - General

  • Represented various policyholders in connection with property insurance coverage disputes involving coverage under their property-insurance policies
  • Represented general contractor in obtaining damages for its insurer’s wrongfully failing to tender a defense under its commercial general liability (CGL) policy, which was ultimately affirmed by the Sixth Circuit Court of Appeals

Litigation - Construction Lending

  • Represented multiple community banks in individuals’ Chapter 11 bankruptcy case involving over 360 single-family rental homes and other commercial and residential rental properties in Rutherford County
  • Represented community bank in litigation against three residential construction companies and five guarantors involving over $8 million dollars in judgments, multiple real estate foreclosures, multiple private sales of equipment and vehicles, state court litigation against the guarantors, multiple bankruptcy filings, relief from stay proceedings and non-dischargeability litigation against one guarantor
  • Represented community bank in litigation against residential construction company and three guarantors involving over $1 million dollars in judgments, state court litigation against the guarantors, multiple bankruptcy filings, relief from stay proceedings, real estate foreclosure sales, and a section 363 sale approved by the bankruptcy court
  • Represented owner of partially completed office complex during general contractor’s bankruptcy proceeding

 

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