- 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
Areas of Focus
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.
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.
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.
