With one of the largest and most sophisticated construction practices in the western United States, our construction team handles matters regionally, across much of the country, and internationally, from the routine to the highly complex.

Construction Design and Transaction Expertise
We have hands-on experience in virtually every aspect of a construction project from beginning to end, from RFP preparation and response, through financing, siting, permitting, to construction and construction management, and if necessary, dispute resolution.

Our team has drafted and negotiated underlying project-related contracts that include engineering, procurement and construction contracts, standard industry-form contracts, equipment supply and acquisition agreements, land acquisition and lease agreements, partnership and limited liability company agreements, commodities contracts, and operations and maintenance agreements. We have significant experience in the financing of major construction projects, and our attorneys are experienced in structuring complex multinational financings. We offer general business and transactional advice to clients engaged in the construction industry, including:

  • Project Start-up and Commissioning
  • Bid Packages, Contracts, and Bonds
  • Project Controls and Project Administration
  • Claims Avoidance
  • EPC and DBOT Projects
  • Project Development and Finance
  • Procurement Issues and Raw Material Supplying
  • Public-Private Partnerships
  • Technology acquisition
  • Energy Regulation 
  • Design-build Projects
  • LEED/Green Projects

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Construction Client Results

Construction Design Transactions
  • Lead trial counsel in a complex governmental contracting case arising from the attempted construction of a state-of-the-art nuclear waste treatment facility at the Idaho National Engineering and Environmental Laboratory. The case involved hundreds of millions of dollars in claims and months of trial. 

  • Counsel for a large, publicly funded art museum in connection with the design and construction of a very high profile addition.  The building addition had numerous, highly technical problems and the claim amount exceeded $30 million. 

  • Representation of one of North America's largest gas pipeline companies.  We are reviewing and revising its design, construction, procurement, service and management operations and contracts, using a web-based system involving modules and tracking systems.

  • Lead counsel for a Department of Transportation in a western U.S. state regarding claims of faulty engineering on a freeway overpass.  The claims against our client were in excess of $30 million.  There were numerous parties and highly technical issues.  

  • Partnered with in-house counsel for a major U.S. mining company and other U.S. and Canadian counsel to form a 50/50 partnership with a Canadian mining company.  The company developed a $1.4 billion copper-gold-molybdenum project in southwestern Alaska and will engineer, permit, construct, and operate the project.

  • Drafted and negotiated a complex set of contracts on behalf of the owner a $400M nickel/cobalt mine to be built in Cameroon, Africa.  The project includes a unique leaching operation, power plant, ball mill and extraction facilities, and associated infrastructure such as roads, buildings and utilities. 

  • Claims on behalf of the owner of a high-volume cheese-processing plant in Idaho ($500M per year in sales) which contracted for a state-of-the-art waste water treatment plant to be associated with the processing facility. 

  • Drafting contracts for the expansion of a large food-processing plant in New Mexico ($500M per year in sales).  The contracts contain elaborate performance specifications, liquidated damage provisions and schedule incentives, along with multiple mechanical completion, testing and startup operations.

  • Defense of an engineering firm against a $7M claim related to storm water drainage systems in a large residential subdivision.  The subdivision, which encompassed over 1,000 acres, was created in rangeland with no prior meaningful services such that every aspect of the subdivision and the services necessary to support it were engineered from scratch. 

Construction Litigation
  • Successfully defended the construction arm of a top-10 ENR engineering firm in a dispute with a subcontractor over $8.5M in extra work claims. After a two-week trial in Federal Court, the jury awarded only $150k in damages, while awarding our client approximately $1.5M. 

  • Successfully defended a top-25 ENR engineering firm in a contract, standard of care, and overbilling dispute with a local water district. The District contended the error required an entirely new pump station, while the firm contended the problem was easily fixable. The District indeed replaced the pump station before trial, yet the jury awarded only the cost of the firm's easy repair (an amount that equaled approximately 3% of the District's claim). The jury handed down a complete defense verdict for the firm on the overbilling claim.

Construction Publications

Construction Speaking Engagements and Events

  • "Construction and Construction Defects Issues in Commercial Real Estate Contracting," Spring 2015
9 Construction Best Lawyers® 2018

9 construction attorneys recognized in 2018 Best Lawyers® in: Construction Law; Litigation - Construction

Lawyers in Chambers USA: Real Estate: Construction Since 2006

J. Kevin Bridston: Real Estate: Construction, 2006-2018

BTI's Law Firms with the Best Collaboration

One of nine firms nationwide named in 2017 by leading legal decision makers for “standout collaboration”

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