Construction Law

Schenck, Price, Smith & King’s Construction Law Practice Group is comprised of partners and associates with decades of experience in all aspects of the construction industry and the legal issues related to this complex area. Many members of this Practice Group devote substantially all of their practice to construction law issues.

SPSK’s Construction Law Practice Group has broad expertise assisting clients with all elements of a construction project. Starting with initial planning and design through project close-out, SPS&K can assist in all aspects of the construction process. The Construction Law Practice Group, led by Gary F. Werner, Esq., is dedicated to providing exceptional construction project advisory services and dispute resolution: from counseling the client through the bidding process and potential protest issues, to drafting front-end bid specifications; negotiating contracts with or on behalf of the project architect, construction manager and contractors; answering performance bond and related surety questions; and analyzing, resolving and preventing disputes during construction. Our attorneys have specific experience in project controls implementation, assisting the project team in taking proactive measures to manage risk throughout the project, and counseling our clients in making timely and fiscally responsible decisions to mitigate and minimize claims.

In the event that litigation arises or becomes a necessary element of the project, SPS&K has extensive experience in all areas of construction litigation, representing public and private owners, contractors, construction managers and design professionals in the defense and prosecution of various complex construction disputes, including sophisticated acceleration and delay claims, performance and payment bond issues, municipal mechanic’s lien claims, scope of work questions, change order claims, improper design claims, and claims for defective workmanship. Our attorneys provide a wealth of experience representing clients before State and Federal Courts, as well as in binding and non-binding arbitration and mediation proceedings. We also maintain a staff of highly dedicated para-professionals who are specifically trained in construction law. Our unique understanding of the construction process allows us to assist clients in successfully negotiating, mediating, arbitrating, or litigating even the most complicated disputes. Additionally, members of our Construction Law Practice Group frequently serve as mediators and arbitrators in construction matters.

The Group’s clients come from all different facets of the construction process, including owners, construction managers, general contractors, subcontractors and design professionals. Attorneys in the group have represented such public owner clients as The College of New Jersey, Sussex County Community College, Morris Hills Regional High School, and Watchung Hills Regional High School. Private owner clients that have been represented by our attorneys include BASF Corporation, Hoffmann La Roche, Inc., and the Murdoch Development Company. Attorneys in the Group have also represented contractors and construction managers such as Epic Management, Inc., Bovis, Inc., Gale, Wentworth & Dillon, Slattery Skanska Inc., The Railroad Construction Family of Companies and P.M. Construction Corp.

Our attorneys lecture and write frequently on construction topics, such as New Jersey’s Local Public Contracts Law (N.J.S.A. 40A:11-1, et. seq.), Public School Contracts Law (N.J.S.A. 18A:18A-1, et. seq.), construction procurement procedures, AIA Contracts and construction related insurance issues.

Representative matters include:

• Representation of The College of New Jersey in a successful termination for default of the contractor and the construction of a $27.5 million student housing project. We successfully negotiated a settlement with the contractor and its surety and recovered an amount in excess of the College’s construction costs and associated damages.
• Successfully counseled the Watchung Hills Regional High School Board of Education through its contentious $45 million additions and renovation project; and, continue to represent the Board in prosecuting various multi-million delay and associated damage claims.
• Defense of Epic Management, Inc. in connection with a $23 million additions and renovation project at West Essex Regional High School following the School District’s decision to terminate the contractor for default.
• Representation of Sussex County Community College through various claims arising out the College’s aggregate $20 million dollar construction projects.
• Successful resolution of a dispute related to $13 million claim associated with a residential construction project in Colts Neck, N.J.

SPS&K’s particular expertise in construction law and construction litigation allows us to offer our clients prompt and reliable advice. We take pride in our efficiency, which translates to cost savings for our clients. Our goal is to provide easy client access and the personalized attention necessary to quickly resolve construction disputes before they impact the project schedule, while at the same time ensuring that we have the resources, expertise and experience required to handle complex construction matters requiring litigation.