Construction Contracts and Construction Litigation

Construction projects are complex, and when things go wrong, the consequences can be costly. Whether you are an owner, general contractor, subcontractor, developer, design professional, or material supplier, MBK’s Construction Practice Group is positioned to provide experienced, strategic counsel across all phases of a construction project from contract drafting, review, and negotiation, to pre-litigation dispute resolution, and litigation for clients throughout Pennsylvania.

Construction Agreements

We routinely represent all of the different stakeholders in construction matters which provides MBK with unique insights into the issues that commonly arise during construction projects.  As part of our pre-construction services, we can help anticipate those issues during the construction contract drafting and negotiation process, including contract review, drafting, analysis, and negotiation.  We regularly assist our clients with general contractor agreements, subcontracts, change orders, master service agreements, project close out agreements, lien waivers, and a variety of other construction-related agreements and documents. Our team creates contracts that protect our clients’ rights, manage risk, and foster productive relationships with their counterparties, which is the foundation of all successful construction projects.

Proactive/Early Dispute Resolution

Construction disputes often begin long before a lawsuit is filed. Our attorneys work closely with clients during all stages of the construction process — from contract negotiation through project closeout — to identify potential risks early and resolve conflicts swiftly. We frequently assist with:  Project counseling and risk management; Dispute avoidance strategies during planning and construction; Negotiation and mediation to resolve conflicts without litigation; Notice and preservation of claims; and drafting (and responding to) demand letters and notices of default.  We also review, customize and advise clients on industry-standard contracts, such as AIA, and can help you understand how those provisions are likely to be enforced in Pennsylvania courts or arbitration forums.

Many construction contracts mandate arbitration or mediation through forums such as the American Arbitration Association (AAA). We have extensive experience navigating these forums and advocating effectively for our clients in alternative dispute resolution.

Comprehensive Litigation

When pre-litigation efforts do not result in resolution, our litigators are prepared to aggressively protect the rights of industry clients in state and federal courts or arbitration. We handle disputes and claims throughout the state and federal courts of Pennsylvania, and through mediation and arbitration in alternative dispute resolution forums, involving:

• Breach of Contract Claims
• Mechanics’ Lien Claims
• Statutory Claims
• Construction Defects
• Delay, Disruption & Escalation Claims
• Change Order Disputes
• Insurance & Bond/Surety Claims
• Partial & Final Waivers or Releases

Protect Your Project and Your Business

Construction disputes can delay progress, impact cash flow, and damage reputations. Our team provides responsive, results-oriented representation to handle and resolve construction matters and disputes efficiently and effectively with the goal of keeping your project and your business moving forward.