Contract Procurement and Project Delivery

Overview

Robinson+Cole’s Construction Group has decades of collective knowledge and experience in all stages of construction projects. Our lawyers are regularly called upon for guidance in the earliest planning phases of projects, long before the ground is broken. Because the unique circumstances of each project calls for a specific approach to optimize success, we help clients find the most efficient solutions. Our lawyers understand and advise clients on these critical front-end decisions. We also document the process so that each project participant, from the earliest designer to finish contractors, has a clear and consistent mandate on what the team needs to accomplish.

Our Services

To ensure the success of our clients, we offer representation in these areas:

  • program management
  • conventional design-bid-build
  • construction management at-risk
  • general contracting
  • multiprime
  • design-build
  • design-build-operate-maintain
  • engineer-procure-construct (EPC or turnkey)
  • lean delivery
  • fast track

In addition, we employ a proactive approach to closing construction-based financing for projects in a variety of funding arrangements:      

  • construction loans
  • bonding
  • tax incentives
  • build-to-suits
  • sale-leasebacks

Our familiarity with the requirements of construction lenders and the intricacies of construction law allows us to smooth the closing process for our clients.

Our Team

Robinson+Cole's construction lawyers review, draft, and negotiate design and construction contracts of every type. We provide advice on developing custom forms of agreement and project administration templates that reflect our clients’ own business models and risk profiles and in response to unique risks and special circumstances. Our comprehensive transactional experience allows us to assist clients in all contracting scenarios so that they can meet the needs of a dynamic industry. Our lawyers, as experienced litigators as well, bring years of experience in resolving construction disputes to the table as a tool for risk avoidance or mitigation in the negotiation of agreements.

Finally, we also work extensively with industry contracts published by all of these major industry organizations, including the following :

  • the American Institute of Architects (AIA)
  • the Associated General Contractors and ConsensusDOCS
  • the Engineers Joint Contracts Documents Committee (EJC DC)
  • the Design Build Institute of America (DBIA)
  • the International Federation of Consulting engineers (FIDIC)
  • IChemE
    • Experience
      • Representation of a Connecticut municipality in contract procurement and negotiations associated with renovation of several school complexes under a construction manager building delivery system.
        • Representation of an independent coeducational college preparatory boarding and day school in negotiating a design contract for a 24,000-square-foot science building designed and built in accordance with sustainability principles of the Leadership in Energy and Environmental Design (LEED®) rating system of the U.S. Green Building Council.  
      • Representation of a Connecticut town in drafting the construction and design services agreements for the proposed renovation of a high school, the roof replacement at an elementary school, and a new town hall and police station.

      • Representation of an international pharmaceutical company in preparing and negotiating forms of design and construction contracts for use in improvements to its Connecticut campus, including construction of a 62,000-square-foot safety research facility, a 30,000-square-foot chemical development facility, and a 42,000-square-foot support building.

      • Representation of Providence College in drafting and negotiating the design and construction agreements for the Ruane Center for Humanities, a 63,000-square-foot building constructed to accommodate its new Development of Western Civilization program, as well as offices for the School of Arts & Sciences, the center for the Study of the Humanities, the Liberal Arts Honors Program, and the Departments of English and History.

      • Negotiation of the construction contract on behalf of the State of Connecticut for the Adriaen's Landing project, a major mixed-use development in downtown Hartford.
        • Negotiation of a contract for the design and construction of a new hospital tower and expanded parking structure, totaling 260,000 square feet of new hospital space and 13,000 square feet of renovations. The $150 million project featured an expanded emergency department, a new critical care unit, a state-of-the-art neonatal intensive care unit, improved parking, and a heliport. 
      • Negotiation of a contract for the construction of a new, 63,000-square-foot safety testing facility to be used for nonclinical safety studies in pharmaceutical development and research.

        • Negotiation of a contract for the construction of a chemical processing pilot plant for the manufacture of active pharmaceutical ingredients (APIs) in support of development, combining state-of-the-art technology, manufacturing practices, and process flexibility to handle the production of multiple types of APIs.
      • Negotiation of contracts for the design and construction of a renovation and addition of 14,000 square feet of hospital space to accommodate an expanded 13-exam room emergency department. The project involved extensive site preparation and demolition and the relocation of critical care and support space.

      • Drafted a contract to undertake the closure and decommissioning of a pharmaceutical manufacturing facility involving identifying chemical hazards; sampling surveys; cleaning laboratories, process rooms, and support areas; and arranging disposal of wastes.

      • Negotiation of an engineering contract in connection with the expansion of a pharmaceutical manufacturing facility with new cell culture bioreactor and modifications to accommodate continuous processing. Includes temperature-controlled harvest, buffer, settling, and purification equipment.

      • Negotiation of a wayfinding contract for the design and installation of custom room identification, wayfinding, and exterior signage at new ambulatory pavilion of a hospital.

      • Negotiation of contracts with engineers and consultants pertaining to a hospital energy supply system maintenance and optimization, including investment grade energy audit, energy procurement services, boiler efficiency study, steam trap efficiency study, uninterruptible power supply servicing, and standby power maintenance.

      • Negotiation of a contract for the comprehensive replacement of the machinery, hoistway equipment, cars, and controls. Includes upgrades to controls, safety, and security features in hospital elevators and a contract for service and maintenance of 22 hospital elevators, including geared, gearless, and hydraulic systems, for a two-year term.

      • Negotiation of a contract for the redesign, correction, and completion of a hospital ambulatory pavilion, a multistory addition and renovation on the existing campus, housing for new outpatient services, an emergency department, a post-anesthesia care unit, a cancer center, and a gastroenterology unit. 

      • Negotiation of contract for the design of the renovation of a hospital family birth center and neonatal intensive care unit, including operating and delivery rooms, post-partum beds, and entrance and waiting room upgrades.

      • Negotiation of a master services agreement to provide architectural design services to multiple hospitals and doctor groups within a regional health network.

      • Negotiation of a contract for the design of a 16,000-square-foot community health center in Griswold, Connecticut, to provide primary medical care, pediatrics, internal medicine, geriatrics, gynecology, dentistry, behavioral health, and addiction services.

      • Representation of the Grand Central Oyster Bar & Restaurant in drafting and negotiating the design and construction agreements for renovations that include the stabilization of the famous Guastavino tiles throughout the restaurant.

      • Representation of Unilever in drafting and negotiating the design-build agreement for the upgrades and modifications to the pretreatment systems for the company’s Kilbourn, Illinois, facility.

      • Representation of an international contractor in joint venture for the construction of $162 million aquarium project in Taiwan.

      • Representation of Starwood Capital in selecting project delivery and in drafting and negotiating design, construction, and consulting agreements, and insurance and bonding issues, for major projects throughout the U.S.; includes luxury high-rise hotels in Midtown Manhattan; a resort comprising two hotels and a convention center in Snowmass, Colorado; and the renovation of a casino through phased design and construction in Las Vegas, Nevada.

      • Representation as outside general counsel to a major hospitality contractor to negotiate contracts and provide representation in disputes from California to Florida.

      • Negotiated and drafted a joint venture agreement in connection with a $22 million subcontract to construct the electrical system at a state-of-the-art NBA arena.
      • Representation of a national bank as construction lender and Freddie Mac seller/servicer concerning the financing of the Elliott Chelsea Apartments in New York City. This $65 million mixed-income project is being developed on excess property formerly owned by the New York City Housing Authority and is being financed with tax exempt bonds issued by the New York City Housing Development Corporation and subsidy loans provided by the New York City Housing Development Corporation, the City of New York Department of Housing Preservation and Development, and the New York City Housing Authority. The project will benefit from a tax exemption pursuant to Section 421a of the New York Real Property Tax Law.

      • Representation of the construction manager for the Tanger Outlets at Foxwoods, a retail development at Foxwoods Casino, with over 80 shops and restaurants and entertainment venues, in drafting and negotiating construction agreements and providing overall advice throughout the project construction.

      • Acted as construction counsel for an affiliate of Trellis Group in its negotiation and execution of a guaranteed maximum price contract with Hamilton Construction on the 1486 Tremont project in Boston's Mission Hill neighborhood. This mixed-use infill project of 66 apartments and 6,200 square feet of ground floor retail uses and accessory off-street parking is within walking distance of the Roxbury Crossing stop on the MBTA's Orange Line. The project represents Trellis's first experience of this scope and construction contracting approach. It is currently under construction and expected to be ready for occupancy in the first quarter of 2016.

      • Representation of a development team consisting of Starwood Capital and Tribeca Associates in drafting and negotiating design, construction, and consulting agreements and with respect to insurance and bonding issues for the Baccarat Hotel and Residences project in Midtown Manhattan.
      • Representation of a construction manager in negotiation of workout agreement with a private developer, its lender, and over 15 subcontractors stemming from developer’s failure to pay over $5 million in contract proceeds and arranging for the successful remobilization contractors and subcontractors to the project with reaffirmation agreements from all subcontractors and vendors.

      • Representation of a construction manager in the negotiation of $150 million cost-plus construction contract with guaranteed maximum price in connection with the multiphase construction of a warehouse and distribution center in New York. Successfully negotiated favorable provisions to client governing compensation for potential delays, right to change orders increasing the GMP, and the potential for millions of dollars of incentive payments.

      • Representation of Dartmouth College in negotiating design and construction contracts to expand the art museum as part of a new arts district and to create new exhibition, educational, office, and public spaces. New galleries will be used to display African, Aboriginal Australian, modern, contemporary, and Native American art.

      • Handled design and construction contracts for the renovation of the hotel lobby and restaurant at the Westin Pittsburgh at Liberty Center as well as design and construction contracts for the adjacent renovation of the Liberty Center's exhibition space.
      • Representation of a prestigious northeastern Ivy League university regarding its interests in drafting and negotiating hundreds of millions of dollars in design, construction, and consulting contracts on the university's most prominent projects. Served as special counsel in developing and maintaining a new family of construction and design contract documents, reflecting an integrated project delivery system. Document forms include various standard forms of construction and design agreements, such as general contractor agreements, construction management agreements, design and consulting contracts, bond forms, purchase orders, bid documents, RFP forms, bundling agreements, and design-build contracts. Representation also includes advice on policies governing owner-controlled insurance program, safety, project labor agreements, procurement deliverables, claims readiness, and dispute resolution.

      • Representation of Common Ground in New Haven, Connecticut, the nation's longest-running environmental charter high school, in preparing RFP materials and a construction contract for the construction of a new center for learning and leadership, renovating existing school buildings, and making extensive sustainability upgrades on the charter school's 21-acre campus.

      • Representation of King Low Heywood Thomas School in Stamford, Connecticut, in preparing design and construction management contracts for the phased renovations to the Upper School, including a state-of-the-art academic center, new common space with integrated vertical circulation, substantial renovation of support space, asbestos abatement, and infrastructure improvements.

      • Representation of Southcoast Hospital Group concerning the $25 million construction of its new stand-alone radiation oncology center building in Fairhaven, Massachusetts, known as the Southcoast Cancer Care Center at Fairhaven. Representation included drafting and negotiating the design contract by amendment and restatement of a master architectural services agreement utilizing AIA-B141, Parts 1 and 2; the construction contract based on the forms AIA-A131 CMc and AIA-A201, General Conditions; and the construction management agreement.
      • Negotiation of contract and design agreements for construction of a $280 million Pfizer facility built on a brownfield in eastern Connecticut.

      • Representation of the City of Stamford in the procurement, preparation, and negotiation of the design and construction contracts for the renovation of six buildings and a new addition on an existing campus for the New Interdistrict Elementary Magnet School Extension to the Rogers 1B Interdistrict Magnet School Program located on Strawberry Hill Avenue in Stamford, Connecticut.

      • Representation of the City of Stamford in the procurement, preparation, and negotiation of the design and construction contracts that involved the deconstruction, relocation, and reconstruction of a historical structure for a new police headquarters, including all required offices, administration, labs, public areas, jail cells, and other required spaces for the Stamford Police Department to operate effectively and safely.

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        Construction Attorney Presents at Annual Commercial Construction & Renovation Summit

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        Peter Strniste Authors Article Regarding Risks Associated With Contractual LEED Certification Requirements

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        Construction Attorneys Onorato and Cunha Present Webinar on Construction Management

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        Attorney Writes Chapter About Performance Bonds and Contractor Default Insurance for Book

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        Rebecca Levy-Sachs Discusses Green and Property Insurance at the FDCC Winter Meeting

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