Construction Law

Practicing Attorneys:

Jeffrey S. Theuer
Sara L. Cunningham

The firm has extensive expertise in construction law.  Members of the firm represent all parties in the construction industry, including owners, developers, architects and engineers, contractors, subcontractors and suppliers. The firm is a member of numerous trade associations for the construction industry in the State of Michigan, many of which seek the firm’s advice from time to time on various construction issues. We regularly serve as arbitrators, mediators, and distinguished faculty at seminars.  Members of the firm have published articles on a wide range of construction-related topics such as negotiating contracts, managing construction projects, construction change orders, utilizing AIA documents, claims and remedies, alternative dispute methods, design-build contracts, and dispute review boards.  As a result of our extensive practice in construction law, the firm has developed a prominent, nationwide list of experts and is recognized by other lawyers throughout Michigan as a leading construction law firm.

The lawyers at the firm are strong legal advocates who stand ready to vigorously represent their clients.  We also, however, recognize that litigation can be costly and disruptive.  Therefore, the firm has been an innovator in employing preventive techniques to protect clients against litigation through careful drafting of special conditions, custom contracts, utilization of alternative dispute resolution methods, risk mitigation strategies and drafting alternative project delivery systems. The firm has been recognized as a leader in the use of equitable liens and dispute review boards, and has also been extensively involved with developers and/or municipalities in Brownfield redevelopment and the rehabilitation of both multi-family housing as well as commercial structures. The firm has made many contributions to the construction industry, including a major contribution to the creation of Michigan’s Construction Lien Act.

Specific services by subject matter include:

  • Drafting of construction documents
  • Preparing requests for proposals for new construction and facility modifications
  • Pursuing and defending construction claims, including claims for extras, delays claims, bid protests, differing site conditions, etc.
  • Arbitration/mediation/dispute review boards
  • Pursuing and defending bond lien claims
  • Foreclosure and defense of construction liens
  • Construction contract monitoring
  • Defense of MIOSHA claims
  • Negotiation of construction contracts and special conditions
  • Review of pay applications, waivers, and sworn statements
  • Drafting of development documents
  • Providing advice pertaining to compliance issues
  • Drafting of procurement guidelines
  • Drafting design-build contracts

Firm attorneys practicing in the area of construction law have frequently lectured to various trade associations and the Institute of Continuing Legal Education concerning their areas of expertise. Additionally, the firm has developed pamphlets and other informational documents on construction liens, bond liens, and the Builders Trust Fund Act.  Our attorneys have authored many articles concerning construction law matters, and regularly act as contributing editors of the former Michigan Road Builders Association for its Construction Claims Report.

The firm’s attorneys are members of the following professional trade organizations:

  • The American Arbitration Association
  • Michigan Infrastructure & Transportation Association (MITA) (formerly the Michigan Road Builders Association and Associated Underground Contractors)
  • Associated General Contractors
  • Associated Builders and Contractors