PRACTICE AREAS

Construction Law

At Martin & Squires, we handle a wide range of construction-related matters and cases, many of which have involved complex issues with a multitude of parties. Our construction attorneys represent clients in both transactions and disputes ranging from single and multi-family dwellings to large commercial buildings, planned unit developments, multi-use retail, industrial and governmental projects.

Our services include:

  • Organizational, business and succession planning
  • Working with cities, municipalities, counties and other governmental bodies in resolving permitting, variance, conditional use and licensure issues
  • Negotiation of project documents, financing or loan documents and consultation throughout the construction process for owners, contractors and subcontractors
  • Drafting of mixed use, condominium, association and apartment or rental properties, including development agreements, construction agreements, declarations, and operating documents
  • Construction defect, delays, mechanic’s lien and bond or surety claims
  • Dispute resolution, mediation, arbitration and litigation of claims
  • Collection on contracts, as well as judgments
  • Representation of clients on property disputes including easements, property line locations, adverse possession or eminent domain
  • Miller Act and Little Miller Act claims

Working closely with clients, our attorneys provide legal services tailored to meet the client’s needs. It is important to have attorneys that can represent your interests from the start of planning to the resolution of disputes, including the ability to litigate in order to protect your interests.

Representative Transactions

Martin & Squires attorneys holds varied experience which includes:

  • Representation of Fortune 1000 manufacturer on request for proposal (RFP), design and build construction documents negotiation, energy supply agreements, and management of disputes for construction of $20 million energy facility
  • Negotiation on behalf of Sub-contractor for joint venture agreements on $200 million plus portion of stadium project
  • Negotiation on behalf of Electrical Contractor for national construction agreement templates for project work done on behalf of utilities in Minnesota, Texas, and California
Representative Cases

While Martin & Squires primarily assists on workouts and cases in Minnesota, North Dakota, South Dakota and Wisconsin, we also have experience working with local counsel in other jurisdictions throughout the country on behalf of our Minnesota clients who have projects elsewhere.

Contract Formation and Performance

Martin & Squires assists clients to develop and perform due diligence on contract documents that expressly allocate the risk, responsibility, and rewards for proper performance essential to a successful project.

We are experienced in working with many conditions of contracting, from customized forms to standard industry and government forms-including the contracts of the American Institute of Architects (AIA), Consensus DOCS, and others to develop the best working documents for any project or task.

We are often advising owners, developers, prime contractors, subcontractors, engineers, architects, other design professionals, sureties, or other project team members in forming and managing contractual relationships.

Construction Claims

Martin & Squires attorneys are well versed in handling claims, including changed or unforeseen conditions, delays, disruptions, loss of productivity, acceleration, payment disputes, insurance coverage, and allegations of defective design or construction.

We recognize that often the best result comes from avoiding disputes and work on attempting to achieve an early and fair resolution of construction disputes without the expense and disruption of litigation.

Our team is experienced in engaging experts and helping clients in calculating extended project costs, accounting for changes and overhead using industry-recognized formulas, recommending qualified consultants to do so.

Government Contracts and Bid Protests

At Martin & Squires, we provide a full range of services in connection with government contracting at the local, state and federal level, and with international agencies. We have experience representing contractors, subcontractors, engineers, architects, and suppliers in the procurement process, including bidding, bid protests, contractor selection, and awards processes used by public agencies.

Default/Termination Construction Mechanic Lien and Bond Claim Law

Bond claim, Surety claim and Mechanic lien perfection, prosecution and defense are a significant part of Martin & Squires construction practice. Mechanic lien laws set the ground rules for enforcing a construction lien on real property. However, rules can vary significantly from state to state and it continues to create confusion among industry professionals.

We work closely with clients in the construction industry to understand the operation and enforcement of the Construction Lien Law and the importance of timely attention to notices received from contractors, suppliers, and others furnishing labor or materials or that provide certain professional services to real property.

Our construction attorneys can help navigate procedures for proper payment to contractors; the responsibilities to subcontractors and suppliers; the impact of payment and performance bonds; and the consequence of contractor liens.

Our team is also practiced in working with claims under construction bonds, the Miller Act (Federal government contracts) and Little Miller Act (state government contracts), which have specific claim requirements that vary from state to state and require careful adherence to procedural requirements, which our attorneys can help navigate.