Design and Construction Law
Wiggin and Dana's Design and Construction Law Practice Group consists of both seasoned litigators and skilled transactional attorneys experienced in all facets of construction and development matters, including design and conceptualization, financing (both public and private), pre-construction, contract drafting and negotiation, bidding, change orders and modifications, closeout, facility/property management, and contract disputes. We regularly collaborate with colleagues in other departments, including real estate and environmental, corporate, complex commercial litigation, insurance, government, tax, and energy and utilities. Many of the attorneys in the Practice Group came from design, engineering, construction, property management, or military and government service, giving them intimate familiarity with the construction industry and with the laws and regulations that affect the industry.
The group's transactional attorneys counsel clients throughout all phases of construction projects. They advise clients regarding various project delivery models (e.g., design-build, engineer-procure-construct, stipulated sum, cost-plus, guaranteed maximum price) and the various industry standard documents and contracts in design and construction (e.g., AIA and ConsensusDOCS). Although standard documents and templates serve a purpose, any template needs to be tailored to the project. Our transactional attorneys balance aggressive and comprehensive representation, with efficient drafting of contract documents to allocate risk and memorialize the parties' agreement, mindful of the size and scope of the project.
When disputes arise, our litigators counsel clients on pre-litigation risk assessment and avoidance, and when necessary, represent clients in the litigation and trial of disputes. Our trial lawyers handle matters throughout the United States and when appropriate, pursue mediation, arbitration, or other alternative dispute mechanisms. The Practice Group represents clients following catastrophic events and major accidents at construction sites and industrial facilities, including in connection with investigations by the Occupational Safety and Health Administration (OSHA), the U.S. Attorney's Office, and other federal, state, and local agencies. The Practice Group also represents clients under investigation for alleged MBE and DBE non-compliance.
Our clients include public and private owners and developers, architects and other design professionals, investors, lenders, construction managers, general contractors, subcontractors, and insurers. The projects on which we've assisted such clients include large commercial office, tenant fit-out, multi-family residential, hospital and healthcare, municipal and educational, museum, utilities, power generation, electric transmission, clean coal, microgrid, and high-end private residential. Below is a list of selected representative matters. For a more comprehensive list, please view the Experience tab above.
Representative Transactional Matters
- Advised a publicly traded company in connection with design, commissioning, and construction-management agreements for a multi-story, $100,000,000+ tenant fit-out consisting of over 400,000 square feet of laboratory, office, and future expansion space.
- Counseled a nonprofit in connection with the design and construction of an approximately 173,000-square-foot, $100,000,000+, state-of-the-art LEED Gold certified research facility.
- Represented a joint venture (JV) of two public companies, in connection with the JV's development of two electric power peaking generation plants, including the negotiation of design and construction agreements and resolution of project disputes.
Representative Litigation Matters
- Represented a European subcontractor in a dispute between the owner and the general contractor of the World Trade Center transportation hub, concerning quality of materials and timeliness of delivery.
- Represented contractors following catastrophic events / fatalities at the worksite. Conducted internal investigations into the causes of accidents and represented contractors in connection with federal and state criminal investigations and OSHA investigations.
- Defended a contractor in court and in arbitration from claims alleging it was responsible for an explosion during the startup and commissioning of a combined cycle power generation plant that killed six workers, injured more than 50, and caused more than $500 million in property damage.
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Additional Representative Transactional Matters
- Counseled an owner in connection with renovation of approximately 24,000 square feet of laboratory space, office space, conference rooms, and a large meeting space. Advised the same owner in connection with securing over $4 million in state grants to fund such renovation.
- Advised a nonprofit with respect to the acquisition, public financing, and multi-phased construction of a new 80,000-square-foot headquarters and distribution center.
- Advised an internationally recognized hospital and medical center in connection with the design and construction of a 14-story state-of-the-art cancer center to occupy nearly 500,000 square feet.
- Advised a private secondary school in connection with the design and construction of administrative building renovations, athletic field construction, faculty housing, and a state-of-the-art educational building (including LEED Platinum certification).
- Counseled a private secondary school with respect to the design and construction of dormitories, a biomass generation facility, and athletic fields.
- Advised an owner in connection with design and construction contracts for a continuing-care retirement community consisting of a 7-story structure with 88 apartments.
- Advised a private university in connection with library, dormitory, and boiler plant renovations and upgrades.
- Represented a museum with respect to an architectural agreement for the design of a new 154,000-square-foot, nine-story science center.
- Advised numerous tenants in connection with leases and related interior office fit-out projects, furniture procurement, and relocation services.
- Counseled a university in connection with the design, construction, and operation of a 1.4-megawatt fuel cell.
- Advised a private secondary school in connection with the proposed installation of a photovoltaic array.
- Advised a municipality with respect to the design and construction of combined heat, power, and electric microgrid facilities.
- Advised a university in connection with the design and construction of electric microgrid facilities.
- Advised an architectural and engineering services firm in connection with a contract to design an office tower in Asia.
- Advised an architectural and engineering services firm in connection with the design of telecommunications infrastructure.
- Counseled a utility company in connection with multi-phased, long-term transmission upgrades covering numerous municipalities, including an agreement for procurement and construction of a 115-kilovolt transmission line, and agreements with multiple contractors for civil/site work involving furnishing and installing fiber optic cables, ground grid replacement, PCB remediation, and the design, furnishing, and installation of underground transmission lines.
- Counseled a utility company in negotiating and formalizing multiple engineer-procure-construct agreements for substation construction and upgrades.
- Advised a utility company with respect to a Master Project Agreement with a private university.
- Counseled a utility company in connection with a long-term master transmission and distribution construction project.
Additional Representative Litigation Matters
- Litigated claims by a private secondary school that argued that a painting contractor had improperly conducted its work which resulted in lead-paint dust contamination of a faculty residence.
- Litigated claims of property damage and unpaid contract balances for a surety on an electrical generation construction project, following an explosion and fire at the facility during construction.
- Defended the primary insurer in a declaratory judgment action related to property damage claims against several contractors, arising out of tunnel jacking and excavation work as part of the Big Dig construction project in Boston.
- Defended the owner of an energy infrastructure project through trial and appeal from multimillion-dollar delay and impact claims brought by the general contractor and subcontractors.
- Presently representing an international power generation construction company in claims regarding construction projects in Afghanistan and Iraq.