Construction Contracts & Dispute Resolution
Recognized as a leader in the field by Chambers USA, The Best Lawyers in America® and others, Bass, Berry & Sims offers a multidisciplinary, seamless approach to addressing real estate and construction needs. With extensive industry knowledge, our attorneys guide clients through every phase of design and construction contracting, ensuring risk is managed and mitigated effectively. We have a proven track record of managing construction disputes, whether in court or through alternative dispute resolution, while also excelling at preventing disputes by addressing potential issues before they escalate into costly litigation.
We assist buyers, sellers, lenders, owners, builders, and designers in resolving conflicts to best achieve their goals and appropriately allocate risk. We provide in-depth support with drafting and negotiating all types of design and construction contracts, including industry forms produced by the American Institute of Architects (AIA), the Engineers Joints Construction Documents Committee (EJCDC), ConsensusDOCS and others. Our experience spans various project delivery methods, including design-bid-build, design-build, multiple prime, fast-track and construction management.
What Sets Us Apart
- Comprehensive Real Estate and Construction Experience: Our team brings together attorneys with varied backgrounds to address the specific needs of our clients in real estate and construction, including a professional engineer licensed in Tennessee and attorneys with experience in construction. We deliver extensive support across all aspects of real estate, including commercial transactions, leasing, financing, and development.
- Technical Acumen and Practical Wisdom: Years of tackling industry-specific challenges have honed our technical proficiency, allowing us to offer precise guidance and practical solutions. This knowledge enables us to address complex issues effectively and implement strategies that are both innovative and grounded in real-world experience.
- Full-Service Capabilities: As a full-service firm, we offer a wide range of legal services beyond real estate and construction, including government contracts, intellectual property, labor and employment, and mergers and acquisitions. This broad depth allows us to address complex challenges and provide integrated solutions tailored to our clients' diverse needs.
- Active Engagement and Leadership: Bass, Berry & Sims sponsors numerous industry-related organizations, with our attorneys holding leadership roles and participating in committees. We are actively involved in these organizations, attending and often speaking at events at the local, regional, and national levels for organizations including International Council of Shopping Centers (ICSC), Urban Land Institute (ULI), Building Owners and Managers Association International (BOMA), Construction Owners Association of America (COAA), American Bar Association Forum on Construction Law, Tennessee Association of Construction Counsel and more. Our construction attorneys have also helped shape industry-related legislation and AIA contract documents.
Areas of Focus
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.
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.
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.
Featured Experience
-
We represented a property developer in drafting and negotiating design and construction contracts and various related documents and transactions, in...
-
We currently represent a national children’s research hospital in connection with their design and construction transactional work. We are also...
-
We represent a large multi-state operator of hospitals and other medical facilities in connection with their design, construction and other...
Recognized as a leader in the field by Chambers USA, The Best Lawyers in America® and others, Bass, Berry & Sims offers a multidisciplinary, seamless approach to addressing real estate and construction needs. With extensive industry knowledge, our attorneys guide clients through every phase of design and construction contracting, ensuring risk is managed and mitigated effectively. We have a proven track record of managing construction disputes, whether in court or through alternative dispute resolution, while also excelling at preventing disputes by addressing potential issues before they escalate into costly litigation.
We assist buyers, sellers, lenders, owners, builders, and designers in resolving conflicts to best achieve their goals and appropriately allocate risk. We provide in-depth support with drafting and negotiating all types of design and construction contracts, including industry forms produced by the American Institute of Architects (AIA), the Engineers Joints Construction Documents Committee (EJCDC), ConsensusDOCS and others. Our experience spans various project delivery methods, including design-bid-build, design-build, multiple prime, fast-track and construction management.
What Sets Us Apart
- Comprehensive Real Estate and Construction Experience: Our team brings together attorneys with varied backgrounds to address the specific needs of our clients in real estate and construction, including a professional engineer licensed in Tennessee and attorneys with experience in construction. We deliver extensive support across all aspects of real estate, including commercial transactions, leasing, financing, and development.
- Technical Acumen and Practical Wisdom: Years of tackling industry-specific challenges have honed our technical proficiency, allowing us to offer precise guidance and practical solutions. This knowledge enables us to address complex issues effectively and implement strategies that are both innovative and grounded in real-world experience.
- Full-Service Capabilities: As a full-service firm, we offer a wide range of legal services beyond real estate and construction, including government contracts, intellectual property, labor and employment, and mergers and acquisitions. This broad depth allows us to address complex challenges and provide integrated solutions tailored to our clients' diverse needs.
- Active Engagement and Leadership: Bass, Berry & Sims sponsors numerous industry-related organizations, with our attorneys holding leadership roles and participating in committees. We are actively involved in these organizations, attending and often speaking at events at the local, regional, and national levels for organizations including International Council of Shopping Centers (ICSC), Urban Land Institute (ULI), Building Owners and Managers Association International (BOMA), Construction Owners Association of America (COAA), American Bar Association Forum on Construction Law, Tennessee Association of Construction Counsel and more. Our construction attorneys have also helped shape industry-related legislation and AIA contract documents.
Areas of Focus
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.
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.
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
-
We represented a property developer in drafting and negotiating design and construction contracts and various related documents and transactions, in...
-
We currently represent a national children’s research hospital in connection with their design and construction transactional work. We are also...
-
We represent a large multi-state operator of hospitals and other medical facilities in connection with their design, construction and other...
-
We represented Morning Calm Management in the disposition of an industrial property portfolio consisting of ten properties in Michigan. The...
-
We represented a joint venture of New Mountain Net Lease Corporation and New Mountain Net Lease Partners Corporation, each real...
-
We represented Crosstown Building Owner, LLC in connection with the refinance of its existing syndicated construction loan. The $85 million...
-
We represented New Mountain Net Lease Corporation in connection with its new $30 million revolving credit facility with KeyBank National...
-
We represented a joint venture of New Mountain Net Lease Corporation and New Mountain Net Lease Partners Corporation, each real...
-
We advised a manufacturer in connection with issues related to the design and construction of a $200 million plant expansion...
-
We represented an owner of a $100 million museum development in resolving disputes with its architects.
-
We represented a prison ministry in connection with a claim on a bond. We also assisted with the drafting of...
-
We represented a school board in resolving disputes with its architect and contractor on a $26 million school project.
-
We represented a manufacturer in defending and resolving two separate personal injury suits arising out of industrial accidents.
Experience
-
We represented a property developer in drafting and negotiating design and construction contracts and various related documents and transactions, in...
-
We currently represent a national children’s research hospital in connection with their design and construction transactional work. We are also...
-
We represent a large multi-state operator of hospitals and other medical facilities in connection with their design, construction and other...
-
We represented Morning Calm Management in the disposition of an industrial property portfolio consisting of ten properties in Michigan. The...
-
We represented a joint venture of New Mountain Net Lease Corporation and New Mountain Net Lease Partners Corporation, each real...
-
We represented Crosstown Building Owner, LLC in connection with the refinance of its existing syndicated construction loan. The $85 million...
-
We represented New Mountain Net Lease Corporation in connection with its new $30 million revolving credit facility with KeyBank National...
-
We represented a joint venture of New Mountain Net Lease Corporation and New Mountain Net Lease Partners Corporation, each real...
-
We advised a manufacturer in connection with issues related to the design and construction of a $200 million plant expansion...
-
We represented an owner of a $100 million museum development in resolving disputes with its architects.
-
We represented a prison ministry in connection with a claim on a bond. We also assisted with the drafting of...
-
We represented a school board in resolving disputes with its architect and contractor on a $26 million school project.
-
We represented a manufacturer in defending and resolving two separate personal injury suits arising out of industrial accidents.
Professionals
| Name | Phone | |
|---|---|---|
|
Allison Wiseman Acker Member |
(615) 742-7895 | allison.acker@bassberry.com |
|
Elaina S. Al-Nimri Member |
(615) 742-7766 | eal-nimri@bassberry.com |
|
Shayne R. Clinton Member |
(865) 521-0372 | sclinton@bassberry.com |
|
Blake E. Creekmur Associate |
(615) 742-6237 | Blake.Creekmur@bassberry.com |
|
John W. Dawson IV Member |
(615) 742-7796 | jdawson@bassberry.com |
|
Brian M. Dobbs Member |
(615) 742-7884 | bdobbs@bassberry.com |
|
Craig V. Gabbert, Jr. Counsel |
(615) 742-6277 | cgabbert@bassberry.com |
|
Jeff H. Gibson Member |
(615) 742-7749 | jgibson@bassberry.com |
|
John S. Golwen Member |
(901) 543-5903 | jgolwen@bassberry.com |
|
Todd R. Overman Member |
(202) 827-2975 | toverman@bassberry.com |
Publications
Publications
Media Mentions & Firm News
Contact
"Bass, Berry & Sims PLC is a prominent Tennessee firm with offices in Knoxville, Memphis and Nashville. The firm's construction group advises clients on construction and design contracting and in the management of construction disputes." Client feedback: "Bass, Berry & Sims has excellent depth of talent and knowledge. The team is efficient and very client-oriented."
From Chambers USA 2024
