Overview
Clients involved in the construction industry and related sectors often face unique challenges. Calfee attorneys from our Government Relations, Construction and Construction Litigation, Real Estate, Corporate and Finance practice areas, to name a few, have significant experience helping construction clients find the right legal solution to keep a project moving forward.
Professionals
Professionals
Experience
Experience
Calfee's multidisciplinary team brings practical, industry-focused experience to construction industry clients' legal matters at every stage – from project development and financing to regulatory compliance, employment law, insurance, transactions, and dispute resolution. The following representative engagements demonstrate how Calfee applies this integrated approach to help construction industry clients address complex legal challenges and advance their business objectives.
Construction and Construction Litigation
- Regularly represent a multi-million-dollar erection services subcontracting company that works for general contractors and construction managers, commenting on contract language and proposed revisions and, as needed, to pursue liens on projects where payment has not been made.
- Represented a facility design and energy services firm, in an arbitration matter against a medical marijuana grower and processor and certain affiliated entities. The client performed design work for several marijuana facilities in multiple states. The client also performed construction services for one of the projects, but the client's customer failed to pay agreed-upon amounts for the work. The project owners asserted delays on the projects and failures to perform by Calfee's client, which the owners asserted led to property damage at one of its buildings and crop losses. The owners sought tens of millions of dollars in damages. The matter was settled favorably to Calfee's clients and arbitration demands were dismissed.
- Regularly represent a subcontractor to general contractors and construction managers to comment on contract language and proposed revisions and to pursue liens on projects where payment has not been made. Calfee's advice has aided the client in prospectively avoiding potential liabilities on construction projects that could number in the millions of dollars.
Corporate and Finance
- Served as Borrower's counsel to a publicly traded, Fortune 1000 construction industry company in a transaction involving a $500 million secured term loan facility provided by banks and other institutional lenders.
- Served as lead counsel to a regional construction firm and its shareholders in the company's sale to a private equity firm in a complex transaction involving three separate entities owned by different equity owners who collectively rolled over a substantial amount of equity ownership in the combined enterprise resulting in the need for substantial negotiation and documentation required on governance, equity ownership rights, management incentives and employment arrangements.
- Served as lead counsel for a Washington, D.C.-based platform building company of a New York state private equity firm in its acquisition of a Texas company.
- Acted as corporate counsel to a West Coast design-build multifamily residential construction subcontractor, in connection with the sale of the company to a middle-market private equity firm based in the East Coast with $2+ billion in assets under management.
Environmental Law
- Represent a development and construction company on environmental matters related to remediation and sale of a former manufacturing plant in Ohio for a new construction project; Calfee successfully advised on environmental matters and guided the site through the Ohio Voluntary Action program to obtain a Covenant Not to Sue from the Ohio EPA through the sale of the property.
- Advising a development and construction company on the remediation of environmental conditions on a former manufacturing plant and provided advice and guidance on remediation through the receipt of a Covenant Not to Sue from the Ohio EPA for the site.
- Serving as the lead environmental counsel for a major site development and construction company, advising the client and its joint venture partners on the purchase and redevelopment of two major automobile plants in the Midwest; environmental remediation is needed for the redevelopment of the two properties.
- Advised the client, a domestic company with dozens of manufactured home communities across multiple states, in relation to three manufactured home communities in the Midwest, on compliance issues at these facilities. The work involves the negotiation of Administrative Orders from the state Environmental Protection Agency to resolve multiple violations of pollution discharge permits. Specifically, Calfee is involved in the negotiation of Administrative Orders, counseling on return to compliance, and negotiation of a potential civil penalty for the violations.
- Served as legal counsel for a publicly traded, Fortune 1000 company client that serves residential and commercial builders, advising on potential environmental liabilities in the asset acquisition of a target company.
Labor and Employment Litigation
- Represented the defendants – a multi-billion-dollar construction company, its client company, and a management team member – in a lawsuit brought by a competitor. The plaintiff accused two former employees (who had joined our client's company) and the client company itself of breach of loyalty, breach of contract, conspiracy, trade secret theft, and business interference. The court dismissed five of the plaintiff’s claims against the client and dismissed the client management team member from the lawsuit entirely. Subsequently, the parties signed a settlement agreement in which Calfee's client paid nothing, there was no confidentiality provision, and the lawsuit was dismissed.
Real Estate Law
- Provide legal counsel in an ongoing representation of affiliated joint ventures and development projects throughout Ohio for a privately owned development and construction company and its affiliated companies that currently manage nearly 50 active projects across the country.
- Represented a privately owned development and construction company and its affiliated companies in the purchase of vacant land in the Southeastern U.S. for an industrial development project that included negotiation of the purchase agreement, deed, ancillary documents, and due diligence review (title, survey, zoning, and environmental).
- Represented a privately owned development and construction company and its affiliated companies in connection with its corporate divestiture involving seven demolition recycling facilities located in Southeastern U.S. This representation included drafting definitive asset sale agreements, deeds, licenses, and other ancillary documents.
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