Construction Contracts & Litigation

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

  • 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.

Shayne R. Clinton
Member
John W. Dawson IV
Member
Brian M. Dobbs
Member
L. Wearen Hughes
Member

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