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Construction

Lang, Richert & Patch has been providing legal services to the construction industry since it was founded in 1963. The firm has extensive experience in all phases of the construction industry, representing general contractors, subcontractors, public agencies and private owners, design professionals, sureties, insurers, construction managers, and suppliers/materialmen in all construction related issues – pre-bid through final claim resolution. The specific areas of expertise include:

Pre-Bid

  • Licensing Issues: Obtaining Individual, Partnership, Corporation and Joint Venture licenses; prosecution and defense of claims against licenses and license bonds before the Contractors State License Board;
  • Insurance and Bonding: Advice and assistance in obtaining and maintaining bonding and insurance;
  • Bid Protests & Evaluations: Pre-bid qualifications and interpretations, prosecuting and defending bid protests (including substitutions, defective bids, and enforcement of bidding documents);
  • Contract Negotiation and Drafting: Preparation, Drafting, and Negotiation of prime contracts, subcontracts, purchase orders, equipment use agreements, construction management agreements, joint venture agreements, takeover agreements, completion agreements and related documents such as releases, special change order language, etc.

Post-Bid

  • Consultation During Performance: Resolution of issues which arise during performance (including substitution of subcontractors, partnering sessions, addressing scheduling issues/delays, etc.);
  • Avoiding Disputes: Counseling and seminars on techniques which eliminate or assist in early dispute resolution;
  • Payment Disputes: Negotiation of and preparation for payment disputes, including contract claims and documentation to support requests for payment;
  • Negotiation of Change Orders/Modifications to Contract Sum: Informal meetings and mediation to negotiate additive and deductive change orders and/or adjustments to the contract sum.

During and After Performance

  • Claims and Disputes: Claim Preparation and Defense, including contract claims, Government Code Claims, Public Contract Code Claims;
  • Delay/Productivity Analysis: Scheduling Analysis and Consultation, including extras, inadequate plans and specifications, delays, extended performance, disruption, acceleration, liquidated damages, indirect costs, field overhead, home office overhead (Eichleay, etc.), loss of bonding, lost profits and defect claims;
  • Evaluation of Insurance Coverage: Negotiation and Enforcement of insurance coverage through arbitration, mediation and trial;
  • Dispute Resolution: Through its experience in the construction industry, the firm has established relationships with claims consultants, local, state and federal agencies and their attorneys, industry organizations, sureties, and insurers, which facilitate efficient resolution of many disputes through mediation, arbitration, and trial.

The firm prides itself on its ability to successfully negotiate resolutions to disputes, which arise on every construction project. From bid disputes to conflicts with subcontractors, prime contractors, and the owner and its representatives, the firm has been involved in virtually every type of dispute that may arise on any given project. Through strong advocacy and tempered judgment, the firm promotes the interests of its clients. It is the quality of this representation and desire to achieve the best result for its clients that has earned the construction group at Lang, Richert & Patch statewide and national recognition as a formidable opponent in mediation, arbitration, and trial.