Effective representation of clients in construction matters starts with an understanding of how construction projects work on the ground.  A&K has that knowledge and understanding based on involvement in projects both big and small.  But more than that, the A&K construction team is comprised of attorneys who also practice in the areas of real estate, public law, environmental, insurance and litigation.  This allows us to advise our clients – primarily project owners and developers – in all phases of construction from project inception to completion.  Given our experience in the public sector, A&K is also uniquely positioned to assist in the creation and implementation of public-private partnerships.

For public and private sector clients, our lawyers are routinely called upon to assist in procuring construction through the preparation of bid packages and proposals.  We work with our clients to determine the appropriate project delivery method based on the project and level of sophistication of the client and contractor – whether that be design bid build, cost plus or guaranteed maximum price (CM at risk).  A&K lawyers regularly draft and negotiate design and construction contracts that anticipate potential issues and protect our clients from associated risk.  We make sure our clients have adequate cost controls through the contract language and true insurance coverage in the event of a loss.  During construction, we work with owners, project managers, contractors and design professional to avoid potential disputes.

Every construction project must comply with a distinct set of regulations.  Our dynamic mix of construction attorneys help clients understand any potential issues related to zoning, land use or environmental matters.  We routinely represent clients before administrative agencies on project-related regulatory and permitting matters.  Our real estate and public law team able to provide a comprehensive breakdown of any potential issues related to building codes, taxes and transfer of property rights.  Our environmental team members help owners to work with developers to create waste disposal plans, hazardous material handling and environmental insurance issues.  And, if litigation becomes inevitable, A&K is always ready to step in and defend our clients in all forums from alternative dispute resolution to court.

Recent Representative Matters

  • Advised the Massachusetts Department of Transportation (MassDOT) on several construction claims and disputes concerning various procurements and facilities in Massachusetts.
  • Prepared construction contracts for a private university on over $80 million in construction projects, including a new arena, student center and expanded administration buildings and advised the university on project insurance and other issues during construction.
  • Drafted, negotiated and implemented construction contracts for a major renovation and repurposing of a community health care center, including leasing work to relocate practice groups during construction.
  • Worked with National Grid Project Managers throughout the North East to reform its Environmental Remediation Contract.
  • Advised MIT Investment Management Company (MITIMCo) on revisions to its standard forms of construction and construction-related consultants’ contracts.
  • Represented a number of life sciences clients with negotiating construction contracts for lot and office build outs Cambridge, MA to La Jolla, CA.
  • Represented the Massachusetts Bay Transportation Authority (MBTA) on materials procurements including RFPs and related contract documents, for the purchase of rail cars, ferries and buses. We also advised on related MBTA and Federal Transit Administration regulations and policies.



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