Construction Contracts & Dispute Resolution
We provide a multi-disciplinary, yet seamless, approach to meet your real estate and construction needs. We assist buyers, sellers, lenders, owners, builders and designers to resolve conflicts in a manner that best achieves their goals and appropriately allocates risk.
Our broad practice includes counsel related to:
- Drafting and negotiating all types of design contracts, construction contracts and related contract and documents including American Institute of Architects (AIA), Engineers Joint Contract Documents Committee (EJCDC), ConsensusDOCS and others
- Project delivery methods including design-bid-build, design-build, multiple prime, fast track and construction management
- Lease and sales contracts
- Contract interpretation
- Bid protests
- Claims management and resolution
- Title claims, deeds of trust and mortgages
- Eminent domain, land use, zoning and entitlement, easement and boundary disputes
- Environmental issues
- Contractor licensing issues
- Restrictive covenants
- Mechanic’s and materialmens’ liens
- Delay or impact claims, defect claims, design deficiencies, payment claims and bond claims
- Project close-outs
Our group consists of attorneys with different areas of experience coming together as a team serving the real estate and construction needs of clients. The technical acumen of our team has been developed over years of addressing issues specific to this industry which allows us to provide high-precision guidance as well as practical wisdom. As a result of this deep experience, our attorneys have been recognized in The Best Lawyers in America®, Mid-South Super Lawyers, LawDragon and Who’s Who Legal.
Bass, Berry & Sims sponsors many industry-related organizations, and our attorneys are actively involved with leadership and committee positions, speaking engagements, and local, regional and national events of industry-related organizations, including International Council of Shopping Centers (ICSC), Urban Land Institute (ULI), Building Owners and Managers Association International (BOMA), Nashville Health Care Council, Tennessee Association of Construction Counsel, Construction Owners Association of American (COAA), American Bar Association (ABA) Forum on the Construction Industry and the ABA Construction Litigation Committee.
Areas of Focus
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Construction & Design Contracts
We provide in-depth support with drafting and negotiating all types of design contracts, construction contracts and related documents, including industry forms produced by the American Institute of Architects (AIA), the Engineers Joints Construction Documents Committee (EJCDC), ConsensusDOCS and others. We deal with a broad array of project delivery methods, including design-bid-build, design-build, multiple prime, fast-track and construction management.
We assist in selecting the best delivery methods for projects, and we offer full spectrum service, from selecting, drafting and negotiating contracts, to project close-out, as well as claims management and resolution. Our construction attorneys often author articles and educational materials, and regularly speak at construction-related seminars.
Our construction attorneys have helped shape industry-related legislation and AIA contract documents. We are at the cutting edge of construction law issues affecting our clients nationwide. One of our attorneys is a professional engineer licensed in Tennessee.
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Dispute Resolution
We stand ready to resolve matters in state or federal courts or through alternative methods, and regularly represent parties in a variety of real estate and construction disputes, including:
- Title claims, deeds of trust and mortgages.
- Leases and sales contracts.
- Eminent domain, land use, zoning and entitlement issues, easements and boundary disputes.
- Restrictive covenants.
- Mechanics’ and materialmen’s liens.
- Delay or impact claims, defect claims, design deficiencies, payment claims, bond claims.
- Contract interpretation.
- Environmental issues.
- Contractor licensing issues.
- Bid protests.
We recognize and regularly propose the cost saving strategy of using alternative dispute resolution. Our attorneys include experienced mediators and arbitrators. When the potential for conflict arises, we go the extra mile to develop and implement strategies that avoid or resolve disputes as timely and cost-effectively as possible.
We know that you are not in business to litigate. Bass, Berry & Sims’ strategy is to zealously protect your interests with minimum burden on you and your operations.
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Environmental
Our attorneys provide practical solutions for buyers, sellers and lenders on environmental problems related to real estate and corporate transactions. We can help clients use environmental site assessments and subsequent investigations to defuse liability through such defenses as the innocent purchaser and bona fide purchaser defenses. In this context, we advise on allocations of risk, such as contractual indemnities, releases and escrows, which facilitate transactions. We obtain prospective purchaser agreements, brownfields agreements and similar arrangements with governmental authorities to establish liability shields or limitations that enable parties to further quantify and allocate the environmental risks associated with their transactions.
We also have extensive experience in the environmental permitting of real estate development, such as storm water permitting and the alteration of wetland and streams.
Experience
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Represented a joint venture of New Mountain Net Lease Corporation and New Mountain Net Lease Partners Corporation in the acquisition and project-level financing of a real estate portfolio
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Represented Crosstown Building Owner, LLC in connection with the refinance of its existing syndicated construction loan
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Represented New Mountain Net Lease Corporation in connection with its new $30 million revolving credit facility with KeyBank National Association
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Represented a joint venture of New Mountain Net Lease Corporation and New Mountain Net Lease Partners Corporation in the acquisition and project-level financing of a real estate portfolio
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Advised a manufacturer on issues arising from a $200 million plant expansion project
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Represented a museum owner in a dispute with their architect
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Represented prison ministry with a bond claim and the drafting of a construction contract for a housing project
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Represented a school board in a dispute with the architect and contractor on a $26 million school project
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Represented a credit union in a dispute with a design/builder involving multiple projects
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Represented a hospital company in resolving a suit alleging wrongful death from exposure to asbestos during hospital renovations
Professionals
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
