Construction

Dean Mead's Construction Law Team represents developers, builders, general contractors, subcontractors, construction managers, suppliers, engineers, architects and owners in a broad range of construction related issues.

Our Team includes attorneys from each of our practice groups so we are able to provide comprehensive representation for all of our construction clients' legal needs, including:

• Construction Contracts
• Construction Lien Law and Collections
• Claims Avoidance
• Alternative Dispute Resolution
• Bankruptcy
• Litigation
• Entity Formation and Operation
• Property Acquisition
• Loan Document Negotiation and Review
• Land Use, Zoning and Permitting
• Title Work

Entity Formation and Operation

Our Team has extensive experience in the design, formation and operation of all types of business entities for construction projects, including corporations, joint ventures and limited liability companies. We regularly advise our clients on the tax advantages of the respective entities as well as the non-tax and business issues surrounding each.

Property Acquisition

Our Team represents owners, developers and investors in all aspects of acquisition, development and disposition of real estate, including purchases and sales related to commercial and residential property.

Land Use, Zoning and Permitting

Our Team addresses the land use, zoning and permitting challenges that face our clients throughout the state. We handle obtaining local government approvals, such as comprehensive plan changes, developments of regional impact, rezoning, variances, special exceptions, conditional uses and planned developments in a variety of situations and in a variety of jurisdictions.

We understand the importance of building relationships with local and regional governments and other players in the development process. That is why we are very active in the communities in which we practice. Our Team has extensive experience working with local governments in drafting and amending local comprehensive plans and zoning codes. In addition, Team members have served on regional planning councils and local government blue ribbon commissions as well as water management district governing boards.

Loan Document Negotiation and Review

Our Team has extensive experience in real estate finance and we regularly assist clients with the negotiation and review of loan documents. We structure a variety of commercial lending transactions including real estate development loans and builder lines of credit. In addition, we assist clients with problem loans and complex loan workouts.

Construction Contracts

Our Team drafts and negotiates complex design and construction agreements and assists clients in establishing proper administration procedures. We also educate our clients' employees on appropriate documentation during the design and construction process.

Claims Avoidance

One of the most valuable services we provide to our clients is advice on ways to avoid disputes and litigation, both of which can be lengthy and expensive. This counseling includes:

• Contract Interpretation
• False Claims and Fraud Issues
• Contract Termination
• Breach of Contract
• Payment and Performance Bond Actions
• Scope of Work Disputes
• Design and Construction Errors and Omissions
• Extras, Delays, Acceleration, Disruption, Loss of Productivity and Out-of-Sequence Work

Construction Lien Law and Collections

Our Team has extensive experience in prosecuting and defending all types of mechanics' lien claims, payment bond claims and collection claims. We counsel clients on ways to preserve lien rights and avoid lien attachments. When collections on claims and judgments are necessary, our Team assists in obtaining final payment for our clients. We collect on judgments and also advise clients on risk management and ways to avoid collection disputes. We also assist clients in developing and implementing procedures to enhance the effectiveness of their collection process. This includes advice regarding contracts, work orders, change orders, releases, lien waivers and other documents.

Alternative Dispute Resolution

Because litigation can be costly and time consuming for our clients, we seek practical solutions to avoid litigation whenever possible. Our team is experienced in alternative dispute resolution to assist clients in promptly addressing legal disputes prior to or at an early stage of litigation. This includes arbitration and mediation.

Litigation

While we attempt to resolve conflicts before they go to trial, if litigation cannot be avoided, our Team has substantial trial experience and we stand ready to represent clients in court. We have the capability and experience to represent clients in federal and state courts, administrative agencies and before arbitration panels on a variety of construction matters.

Title Work

Our attorneys have extensive knowledge and experience in resolving title problems that impact real property. Our Team can assist with clearing all types of title defects by pursuing quiet title actions, suits for the reformation or rescission of deeds, and other actions involving chain-of-title issues. We can assist clients with their easement or right-of-way issues. We also have experience with pursuing actions for ejectment and partition.

Construction Team Members:

• Marc D. Chapman
• Dennis C. Corrick
• David A. Gunter
• Kimberly B. Rezanka
• Joel C. Zwemer