Project Inception, Planning, and Finance
By assessing the associated risk of any construction project from the start, we help construction companies and project owners minimize exposure and avoid or reduce potential costs. We assess whether current insurance policies and contracts adequately protect the entity from any foreseeable risks.
Beyond analyzing insurance policies and business relationships, we advise owners and contractors on a broad range of complex risk management issues and guide them in selecting and implementing proactive risk management programs.
Backed by the extensive transactional and litigation experience of our Business and Commercial Practice Group attorneys, our team prepares and negotiates construction-related contracts with a focus on avoiding risk, minimizing potential liability, and protecting the business for the long term. We have done this successfully for clients on a wide range projects, so we know how to navigate the intricate relationships among the many parties involved in construction contracts.
For private businesses that regularly serve the government or are looking to expand their business into government projects, we help navigate the complex and unique legal and business issues involved in government construction contracting. We have extensive experience advising on ways to avoid future litigation and counsel on the full range of issues that frequently arise, including:
- Contract certifications
- Cooperative research and development agreements (CRADAs)
- False Claims Act
- Government competition requirements
- Overcharges and pricing issues
- Pre- and post-award bid protests
- Requests for proposals (RFPs)
- Service Contract Act (SCA) compliance
- State procurement laws
- Suspension or debarment
When necessary, however, we bring the advantage of our extensive trial experience to pursue bid protests or represent clients in litigation before state and federal courts and agencies, including the Court of Federal Claims, the Board of Contract Appeals, and the Government Accountability Office.
Construction Insurance, OCIPs, and Bad Faith Claims
Goldberg Segalla’s Global Insurance Services team has been ranked among the biggest and best practices of its kind in the world. We leverage that team’s knowledge and experience to help construction clients manage risk through practical and thorough insurance coverage analysis. We have extensive experience handling issues such as damages resulting from product or construction defect, fire and global warming claims, and employer’s liability exclusions in commercial general liability (CGL) policies involving construction site subcontractors.
Our combined strength in construction and insurance coverage makes us exceptionally qualified to advise owners or contractors on the implementation of, and compliance with, owner-controlled insurance programs (OCIPs), which owners of large-scale construction projects increasingly require. This type of policy provides uniform and universal insurance coverage for the owner, general contractor, and any-tier subcontractors working on the construction site, with the goal of creating a uniform safety/risk management program — and a unified defense — in the event of subsequent litigation related to worker injury, construction defect, or workers’ compensation.
For insurers, the complex nature of construction projects and the number of parties involved create high potential for bad faith claims over what may have been rightfully denied coverage. Our approach to avoiding or defending bad faith claims starts with proactive management of the insurance claim or coverage request process from day one. We employ early motion practice to dismiss bad faith and extracontractual claims at the onset of litigation, ensuring the proper confines of discovery.
One of the key differentiators of Goldberg Segalla’s construction team is our deep understanding of the business of construction. That means we understand the intricate financial relationships at play and put that knowledge to work during the project financing phase, where we help clients develop innovative solutions with a focus on expediting revenue procurement and generating cash flow for both the short term and the long term. We analyze financing arrangements, bids, contracts, and other related notices, and we have significant experience with tax-exempt or other special bonds as well as various government programs, incentives, grants, and tax incentives that enable our clients to take their projects to the next level.
Whether privately funded or government-funded, many large-scale construction projects require performance and payment bonds. Our construction team guides owners, general contractors, subcontractors, design professionals, and suppliers through the full range of bonding issues
in order to safeguard their investments and control risk. We have extensive experience with guaranty, surety, and preemptive mechanic lien bonds — along with other complex issues related to public bond and federal grant financing — and our advocates work closely with clients to analyze bids, defaults, contracts, and other related notices in order to protect their interests.
The opportunities keep growing for woman-owned or minority-owned companies to obtain additional contracted-for work and exposure to governmental contract bids. As one example, New York Governor Andrew Cuomo increased the requirement for utilization of minority- or woman-owned business enterprises (MWBEs) for state-awarded contracts to 30 percent. Our attorneys guide clients through the application process at the federal, state, and local levels. We assist contractors in obtaining MWBE certification or re-certification, and we help ensure compliance with the various mandates imposed on utilizing MWBE-certified firms.