Construction

Team Leaders

Team Leader

Ben M. McFarland

Member

ben.mcfarland@steptoe-johnson.com

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Overview

The Steptoe & Johnson multi-state Construction Law Team represents developers, commercial and residential contractors, architects, engineers, project owners, and building product manufacturers and suppliers. Team attorneys often have a seat at the table with clients during project development and are called on to draft and negotiate design and construction contracts to protect each client’s interests. When disputes are unavoidable, we are staunch advocates in complex construction litigation and arbitration, aggressively defending our clients.

Throughout the recent COVID-19 pandemic, our attorneys advised construction clients as they dealt with project delays, increased material and labor costs, material scarcity, OSHA regulations, and labor shortages.

Our Construction Team lawyers also frequently collaborate with tax, project finance, environmental, real estate, labor and employment, and government relations lawyers to provide holistic, practical, and cost-effective solutions to our construction clients, no matter the location.

Capabilities

Project formation and assessments
Construction and design (American Institute of Architects) contract drafting, review, and negotiations
Scope of work and change-order analysis and dispute resolution
Contract disputes and bid protests
Construction defect and design claims
Alternative dispute resolution/mediation and arbitration
Jury and bench trials and decision appeals
Planning and zoning variances
Real estate transactions and title insurance
Project delivery system analysis
Construction delay claims
Mechanics’ liens
Project finance, including bond counsel and private finance, including private equity
Federal, state, and local permitting
Government relations and lobbying
Payment bond claims/surety bonds
Hazardous waste and environmental issues
Tax advice, including tax controversies and resolution
Products liability defense (heavy equipment and machinery)
OSHA, with a dedicated emergency response team
Professional Malpractice Liability
Risk management
Workers’ compensation

Representative Experience

Won summary judgment for a builder sued by a condominium association, successfully arguing all implied warranties had been effectively disclaimed and waived by the individual unit owners
Advised large engineering and architectural firm on business expansion in multiple states
Advised and defended a construction company who faced conflicting jurisdictional claims by two rival unions for a project in western New York, resulting in a successful decision by the United States Court of Appeals for the Second Circuit
Successfully represented a national construction company after a structural failure and catastrophic collapse on a multi-million dollar project in the midwestern United States.
Performed IRS percentage of completion audits on behalf of a commercial contractors
Secured judgment on behalf of general contractor in connection with $68,000,000+ development of major historic building in Louisville’s urban core
Counsel to an economic development authority negotiating an incentive package for the construction of a $40 million manufacturing facility
Represented a real estate developer in all aspects of the development of a 1,100 acre mixed-use development including acquisition, conventional and public financing, acquisition of public grants and tax incentives, environmental remediation, construction, zoning and land use, state and federal and local environmental permitting, sales and ground leasing and build to suit leasing
Prepared construction defect and faulty workmanship coverage opinions for multiple insurers
Prosecuted a six-figure mechanics’ lien claim that resulted in the contractor-client obtaining relief in excess of the amount of the lien
Negotiated settlements in multimillion-dollar cases involving wrongful death, product defect, professional malpractice, and construction defect claims