Building a successful project
Wyatt’s construction team is a leading provider of legal services for construction projects and construction-related matters across the nation, led by Michael Less, a member of the American College of Construction Lawyers, with over 30 years of experience in the construction industry. Wyatt’s experienced construction law attorneys have depth in contract drafting, contract negotiation, dispute resolution and litigation in all aspects of the construction industry. Our experience extends from simple to complex projects that include varying project delivery methods, including Construction Management, Design Build and Engineer and Procure and Construct (“EPC”). Wyatt team members are also well versed in sustainable development issues. Wyatt’s construction attorneys’ diverse backgrounds and complementary practice areas, including LEED certification, governmental affairs, real estate development and financing, and labor & employment, qualify our team to handle distinctive legal issues relating to the construction industry.
Our team’s experience enables Wyatt to provide practical, high quality and cost-effective services to our clients. Wyatt’s construction team represents various construction industry participants, including public and private owners, construction managers, contractors, design builders, design professionals, real estate and project developers, insurers and sureties.
Wyatt’s Construction Team is composed of lawyers in each of Wyatt’s six offices in four states. Wyatt’s team members participate in numerous construction-related trade associations, including:
- American College of Construction Lawyers (Former Board Member)
- The American Bar Association’s Forum on the Construction Industry (Member of Publications Committee; Former Steering Committee Member, Division 12; Present Steering Committee Member, Division 4)
- The American Arbitration Association
- American Subcontractors Association
- American Institute of Architects
- Associated Builders & Contractors
- The Fidelity and Surety Law Committee of the Tort & Insurance Practice Section of the American Bar Association (Former Vice Chairman)
- Surety Claims Institute
- National Bond Claims Association
- Tennessee Association of Construction Counsel (Founding Member and Former President)
- Kentucky Chapter-United States Green Building Council
- Home Builders Association of Louisville (Affiliate Member, Green Building Committee and Land Development Committee)
- Vision Louisville (Chair, Energy Team)
- Greater Louisville, Inc. (Energy and Environmental Committee)
- Kentucky Center for Renewable Energy Research and Environmental Stewardship (Board of Directors)
- Associated General Contractors of Mississippi
Wyatt team members have represented clients, domestically and internationally, in a wide variety of projects and areas, including the following:
1. Health Care
- Representation for over 25 years for a research hospital on multiple projects. Our representation includes drafting and negotiating Lump Sum, Guaranteed Maximum Price, and Design Build Agreements for numerous construction projects ranging in cost from less than $1,000,000 to over $150,000,000. We also drafted and negotiated Design Services Agreements for many of these same projects. Total construction cost for projects where we have provided representation for this client exceeds one billion dollars. Representation of this client also includes litigation on several projects involving issues of professional negligence, defective work and delays.
- Representation of the owner of a state-of-the art 780,000 square foot hospital that sits on a 160 acre tract and serves 11 counties, built using an integrated project design delivery method. The $385 million project incorporated “Green” building design concepts, as well as leading-edge wireless communications and diagnostics.
2. Gaming and Hospitality
- Representation of an international gaming company in the drafting and negotiation of design, construction and various ancillary agreements for projects, including Native American casino projects, throughout the United States. Many of these projects were constructed on a fast track basis before the design of the project was fully completed. The costs for the majority of these projects exceeded $50,000,000 with the cost for some exceeding $100,000,000. Representation of this client also included litigation on several projects involving issues of defective work and delay.
- Representation of a gaming company for a multi-use project including hotels and a casino in Nassau, Bahamas. We have stationed personnel onsite to assist in-house counsel with the drafting of a myriad of agreements. The total project cost will exceed $3.5 billion dollars.
- Representation of a hospitality company whose business is the construction and management of hotels throughout the United States. This company owns and developed multiple brands. Our representation included drafting and negotiating construction contracts and design agreements and resulting litigation.
- Representation of an airport authority in drafting and negotiating contracts for terminal expansion projects and the construction of a $90,000,000 garage. We have also advised this client on potential litigation matters for issues involving professional negligence, defective work and delays.
- Representation of an overnight delivery company on issues involving construction defects and delays exceeding $10,000,000 regarding the construction of a hangar project at an international airport. This matter was concluded after a multi-party mediation shortly before an arbitration was scheduled to begin.
- Representation of a multi-national company in the renovation of a paper mill. Our representation included assistance in drafting an EPC contract and advising the client on various issues occurring during construction. The cost for this project exceeded $300,000,000.
- Representation of a global designer, manufacturer and installer of controls for sophisticated heating, ventilating and air conditioning (HVAC) systems in a dispute on a prison with a total cost in excess of $140,000,000. Claims against our client included delay damages caused by, among other things, the alleged failure to comply with plans and specifications for the project. This matter was resolved favorably for our client after a multi-party mediation.
5. Design Professionals
- Representation of numerous design professionals over the years in various commercial projects. Wyatt has a long history of representing architects and engineers throughout our geographic footprint. Our defense of professional malpractice claims includes all issues unique to both public and private projects.
The above matters are a small sample of the type of representation provided by the Wyatt team members. Other examples and client references are available upon request.