Diepenbrock Elkin Dauer Stephens McCandless LLP has broad transactional and litigation expertise in construction law, representing contractors, subcontractors, suppliers and owners in a wide variety of private and public construction matters at the federal, state, and local level. In both private and public contexts, our attorneys are skilled in advising clients during all phases of construction, from pre-construction through contract close-out. The principal areas of our construction practice include Construction Project Documents, Construction Litigation, and Public Works.
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Our attorneys are experienced in drafting and revising construction contracts as well as interpreting contracts. We have prepared construction contracts, general conditions, prequalification packages, preconstruction services agreements, owners’ professional services contracts, lease-leaseback documents, and change orders, among others.
We assist in all aspects of claims and disputes that can arise on a construction project, from risk management through completion, including for example delay, acceleration, extra work, termination, construction defects, differing site conditions, substitution, and professional negligence. Our attorneys litigate construction disputes in state and federal trial courts and courts of appeal, as well as in mediation, arbitration, and other alternative dispute resolution fora. We also represent clients in administrative hearings before local public entities and state agencies, such as the Department of General Services and CalTrans. Our attorneys regularly appear in writ of mandate proceedings in California courts seeking review of administrative decisions.
Our attorneys are well-versed in the unique aspects of public works contracting, and assist clients in navigating issues such as public owner contracting power, the void contract rule, and false claims. We represent contractors, subcontractors and public owners in a variety of projects. We have broad expertise in competitive bidding requirements and advise clients on matters such as prequalification, solicitation documents, responsiveness, responsibility, bid protests, bonding, and subcontractor issues. Our attorneys also pursue specific public works remedies such as stop payment notices and bond claims.