Design and construction-related transactions present unique and significant risks.  Bryan Cave’s Construction Team counsels companies world-wide in managing such risks and facilitating successful projects.  Members of our group, drawing upon “real world” design and construction experience having worked for industry leaders in engineering and accounting and as general contractors and construction managers, are able to anticipate client needs and provide practical, value-added advice across many areas.

We advise clients from project conception though completion and beyond.  We offer strategic insights about transaction structures and selection of appropriate project delivery methods and possess valuable experience in preparing and negotiating all varieties of design and construction-related contracts on projects covering virtually every asset class.  After contract execution, we assist and advise clients concerning contract compliance and matters regarding change orders, delays, payment procedures, errors, omissions, defects, liens, warranty coverage and many other topics.  A primary goal of our group is to help clients avoid surprises and disputes concerning their projects.  When problems arise, we strive to solve them with minimal project impact and without instituting formal litigation or arbitration proceedings.  In appropriate circumstances, however, we represent our clients before governing courts and tribunals.

Representative Transactions

• Distribution and Warehouse, Manufacturing, Industrial and Office Projects
  • Representation of a Fortune 500 company regarding design and construction matters for manufacturing, distribution and office projects throughout the United States and in Mexico, Canada, China and the Middle East, including structuring, preparing and negotiating general contracts, design-build agreements, design services agreements and build-to-suit leases, as well as counseling concerning construction administration and disputes.
  • Representation of a domestic heavy equipment manufacturer in the design and construction of a new 500,000 square foot manufacturing facility in Bangalore, India.
  • Representation of a Fortune 500 agricultural producer regarding design, construction and international contracting issues for two new corn seed processing plants in Romania and India.
  • Representation of a leading manufacturer of animal feed products in the procurement of design and construction services on a design-build basis for a new manufacturing and processing facility in Celaya, Mexico.
  • Representation of the ownership group in the design and construction of a new state-of-the-art pork processing facility in St. Joseph, Missouri, including assistance in negotiating and documenting project funding, project management and design-build contracts valued in excess of $75 million.
  • Representation of the ownership group in the design and construction of a $200 million export facility in Longview, Washington, including product storage and handling components, rail access and barge docks.
• Data Centers
  • Representation of a Fortune 500 publishing company in the development of a $140 million “mission critical” data center serving its corporate operations throughout the world.
• Resort Hotels and Water Parks
  • Representation of a resort hotel and indoor water park operator in the design and construction of facilities throughout the United States, including preparing form and transaction-specific agreements, providing advice in procuring construction-related services and leading negotiations of all types of construction-related agreements.
• Retail Stores and Distribution Centers
  • Representation of the world’s largest retailer in modifying company-wide policies and overhauling form agreements regarding design and construction transactions, including on-going advice in connection with administration of, and disputes affecting, projects throughout the United States.
  • Representation of a leading toy manufacturer in the design and construction of a toy showcase, retail and entertainment venue in Shanghai, China.
• Motion Picture Theaters
  • Representation of a motion picture theater chain in all aspects of construction-related procurement, administration and disputes involving projects throughout the United States.
• Shopping Centers
  • Representation of the developer in structuring the development of a shopping center in Moreno Valley, California, including preparing form transaction documents and related counseling.
• Mixed-Use and Multi-Family Projects
  • Representation of the developer in structuring, negotiating and documenting numerous design and construction-related agreements, construction administration issues and insurance matters for mixed-use and residential projects, including a new 16-story mixed-use building on Manhattan’s lower east side.
  • Representation of the developer in the procurement of construction-related services and preparation of transactional documents regarding the design and construction of a twin-tower, single podium residential condominium building in Riverdale, New York.
  • Representation of a governmental authority as landowner in structuring, negotiating and documenting a complex design-build transaction involving more than $65 million of infrastructure, parking decks, public facilities and environmental remediation to support a $500 million mixed-use development at a 50-acre site in Atlanta, Georgia.
• Residential Developments
  • Representation of a Mexican developer regarding methods of procuring design and construction services, construction-related agreements and insurance matters in connection with the development of 85 ocean-front residences and related infrastructure and improvements in Puerto Peñasco, Mexico.
  • Representation of several residential developers, including two of the largest home builders in the United States, regarding construction agreements and administration, insurance matters and statutory compliance.
• Hospitals and Health Care Projects
  • Representation of health system corporations regarding extensive new construction and renovation projects in St. Louis, Missouri, including negotiating and documenting design, construction and construction management agreements, preparing form contracts for procurement of design and construction services and project-related counseling.
• Airports
  • Representation of the largest private investor in the $600 million build-operate-transfer project regarding the renovation and expansion of Queen Alia International Airport near Amman, Jordan.
• Alternative Fuels
  • Representation of the ownership group in the development and negotiation of EPC contracts for ethanol and alternative fuels throughout the United States.
• Historic Renovations
  • Representation of the developer in the conversion of two office buildings to hotel, condominium and apartment facilities in downtown Houston, Texas, including preparing and negotiating construction management and design-build contracts, as well as other transactional documents, and project-related counseling.

If you would like more information about Bryan Cave’s Construction Team, please call the team leader, Steve Becker, at 816-374-3379.