Overview

Butzel’s Construction Practice Department provides representation and counsel in virtually all aspects of the construction industry. We count general contractors, construction managers, subcontractors, and material suppliers among our clients. Our attorneys represent entities across the country in matters including Federal Emergency Management Agency (FEMA) hurricane projects, and major airport, freeway, and water and sewer projects. Our deep industry knowledge and successful representation of construction clients extends from government relations to project management. And whether it’s bidding and building a project or understanding the nuances surrounding different types of dirt, we take pride in being as capable working on public works projects as we are collaborating with contractors.

The attorneys in our Construction group are veterans of the profession and collectively possess decades of experience in all phases of the construction process. We assist with development of initial project concepts, land acquisition and permitting, financing, and contract negotiation. We also assist with preparation of bid and contract documents, bid protests, project administration, claims preparation, negotiation, mediation and/or litigation, and final project closeout.

Clients can depend on our long history of handling nearly every type of construction project—including commercial, residential, and sports and entertainment venue projects such as stadiums and arenas. We assist with projects focused in sectors including education, health care, retail, heavy construction, infrastructure, historic, manufacturing, hotel, airport, domestic, international, and public and private construction endeavors.

This specialized group of attorneys is recognized among industry insiders and accordingly, our clients know they can rely on us as problem solvers. We understand our clients’ businesses and dedicate an individualized focus on each unique client. Knowing how to navigate through government regulations and procedures paired with our experience working with industry personnel enables us to get projects completed in an efficient and cost-effective manner for our clients.

We are proud to serve as general counsel to Michigan's largest industry trade group, Michigan Infrastructure and Transportation Association, and we’re honored to count a substantial number of its members as our clients. The firm also holds active memberships in several other industry groups such as Associated Builders and Contractors of Southeast Michigan; long-term relationships with Michigan Concrete Association and Asphalt Paving Association of Michigan; and serve on the Attorneys’ Counsel for the American Subcontractors Association – National.

Members of the Construction Practice Department are frequently asked to lecture and present programs to industry professionals and other lawyers. In addition to representing clients, many of our attorneys serve as arbitrators, mediators, and masters in complex construction disputes and have achieved numerous successful resolutions. The firm, and several of our attorneys individually, have been recognized by prestigious Michigan and national legal publications for excellence in the practice of Construction Law and Construction Litigation.

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Experience

  • Successfully resolved a significant construction defect dispute with the Michigan Department of Transportation without litigation
  • Succeeded in an administrative contested claim proceeding before the Michigan Department of Transportation
  • Successfully represented without litigation the contractor engaged to construct the new "ring road" around the perimeter of a local Michigan airport
  • Prepared an administrative appeal and concurrently prepared the suit for immediate injuctive relief; our efforts were successful in preventing an award of the $14 million contract to the second bidder
  • Represented LG Chem in the acquisition of land, obtaining various government grants and tax incentives and the drafting and negotiating of the construction contract for a $303 million advanced lithium ion battery manufacturing facility.
  • Successfully represented prime contractors and subcontractors in resolution of federal and local false claim act investigations on multiple projects at major airports in Michigan and Tennessee
  • Successfully represented prime contractor in resolution of multi-million dollar delay claim on Texas Department of Transportation Project
  • Successfully represented the industry in halting the announced “non-public opening of bid” on a $120M site civil construction project at a major Michigan airport and procuring the re-advertisement of the project providing for full competitive bidding.
  • Has successfully represented construction industry trade associations in resolution of matters affecting the transportation infrastructure construction industry in Michigan.
  • Has successfully represented contractors and subcontractors in numerous delay, acceleration, Differing Site Conditions, extra work, defective and warranty work, and contract interpretation disputes with MDOT in the administrative claims review process
  • Successfully represented prime contractor in warranty work dispute on an airport pavement rehabilitation project in Florida.
  • Successfully prosecuted administrative appeals to preclude awards to second bidders on three MDOT construction contracts totaling more than $14M.
  • Represented two contractors in connection with multiple local and federal fraud false claims act investigations of construction projects at a major airport
  • Successfully represented two contractors defending allegations of fraud in the reporting of DBE participation on a large airport construction project
  • Successfully represented subcontractor in prosecution of Miller Act Payment Bond claim in connection with USAF airfield reconstruction project in Kansas.
  • Successfully represented performance bond surety in obtaining a No Cause of Action in a complex case involving the construction of an off shore water intake facility on the bottom of Lake Michigan.
  • Successfully represented prime contractor in resolution of warranty disputes and subcontractor disputes on a major freeway reconstruction project for the Indiana Department of Transportation.
  • Represented prevailing contractor in a Conflict Resolution Team proceeding involving significant warranty work claim by MDOT.
  • Successfully represented prime contractor and subcontractor in recovering $1.5M claim for extra work on a MDOT bridge reconstruction contract
  • Has successfully represented infrastructure contractors and subcontractors in connection with private works projects involving delay, interference and extra/changed work disputes and prosecution of construction lien foreclosure claims throughout Michigan.
  • Successfully represented prime and subcontractor in prosecution of multi-million dollar delay claims on a Michigan Department of Transportation construction project
  • Successfully represented joint venture contractor in the negotiated resolution of delay and acceleration claims exceeding $1M primarily arising out of defective design and interference issues on a complex road and sewer reconstruction project
  • Obtained a panel Decision of No Cause of Action for our client in a complex construction case involving the construction of a water intake bed on the floor of Lake Michigan
  • Successfully represented the joint venture prime contractor in the resolution of all claims without litigation on a $120M, four year construction project at a major Michigan airport
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