Prime Contracts & Subcontracts
Contractors and subcontractors know all too well that litigation to trial is expensive — financially, emotionally, and physically. Achieving productive collaborative partnerships supported by sound contractual agreements is what clients really want. We get it. Which is why it is so important that prime contracts, and the underlying subcontracts, accurately reflect all parties’ shared agreement of the scope of work, roles and responsibilities, risk allocation, and clear avenues for dispute resolution. Finch, Thornton & Baird, LLP attorneys are expert in all of the commonly used organizational forms including American Institute of Architecture (AIA), the Associated General Contractors of America (AGC), ConsensusDocs, and Engineers Joint Contract Documents Committee (EJCDC) documents.
SETTING THE STAGE FOR SUCCESS.
Most construction disputes stem from disagreement over what is and what is not included in the projects’ scope of work. Therefore, ensuring scope-of-work provisions are accurate and complete — i.e., free of scope gaps — may be the single most important aspect of a well-drafted construction agreement. Care must also be given to clearly define expectations for quality, completeness, and which party is responsible for every aspect of the work required, including the risks that each party shall bear. Of course, this is all more easily said than done. Getting it right from the outset, however, contributes mightily toward successful project outcomes.
INNOVATIVE CONTRACT METHODS ARE EVOLVING WITH THE INDUSTRY.
While traditional lump-sum/fixed-price or cost-plus contracts remain viable for both public and private delivery methods, the construction industry is shifting toward newer alternative contract options. For example, lease-leaseback, construction management, and design-build agreements are now favored for many types of public works projects in California. The Integrated Project Delivery (IPD) method that seeks to achieve best-in-class collaborative alliances of people, systems, business structures, and practices has also gained traction. Bottom line, the attorneys at Finch, Thornton & Baird are knowledgeable in every kind of contract your project needs.
SUBCONTRACTS MUST ACCURATELY ALIGN WITH PRIME CONTRACTS.
When drafting the contracts for prime contractors, attention to detail must be given to ensure that each subcontractor’s scope of work is tied to explicit specification sections in the prime contract. Similarly, contracts for subcontractors should be consistent with the exact scope that the subcontractor bid.
https://www.traditionrolex.com/27
In conclusion, painstaking attention to detail is imperative when drafting and negotiating prime contracts, as well as the subcontracts for general contractors and subcontractors. It is work we do almost daily. And because we continually represent clients in a wide range of contractual litigation matters, it is the kind of legal expertise which Finch, Thornton & Baird performs very well.
Our expertise with Prime Contracts and Subcontracts includes:
- Drafting and negotiation of prime contracts:
- Public works — both federal and state
- Private works
- Navigation and interpretation of key contractual requirements
- Alternative project delivery systems
Alternative Project Delivery Systems
- Construction management agreements:
- Agency (“Pure” CM)
- Multiple Prime
- Single Prime
- At Risk
- Lease-Leaseback
- Design-Build agreements
Traditional Project Delivery Systems
- Design-Bid-Build agreements
- Fee-Based agreements:
- Cost-Plus agreements
- Cost-Plus with GMAX or GMP
(Guaranteed Maximum Price)
- Lump-Sum/Fixed-Price agreements
- Guaranteed Maximum Price agreements (GMP)
Specialty Project Delivery Systems
- Purchase orders
- Home improvement contracts (residential)
- Unit price agreements
- Development agreements
- Public/private partnerships
SUCCESSFUL BID PROTEST, PUBLIC WORK OF IMPROVEMENT CONTRACT
The firm’s client was the second-low bidder on a public works contract for the City…
General Contractor Terminates Surveyor For Racial Bigotry
The firm represented the general contractor on an airport improvement project. A surveyor was overheard…
General Contractor v. Trade Subcontractors
The Firm's client was the engineering contractor for construction of over $250 million in upgrades to a water…
General Contractor v. Trade Subcontractors
The Firm's client was the prime contractor to construct significant upgrades to a water…
General Contractor v. Subcontractor Performance Bond Surety
The firm represented a general contractor on two publicly funded construction projects related to the…
Subcontractor vs. Design-Builder Client
Client design-builder had an approximately $14 million dispute with its concrete subcontractor related to construction…
Firm’s Swift Action and Support Ensures Public Contract Award
The firm represented the low bidder in connection with the award of a County contract…
Prime Contractor v. Water District
The firm represented the prime contractor constructing a water reclamation and treatment project for a…
Firm Advocacy Dismantles Claims at Arbitration
The firm represented a prime contractor in arbitration relating to two projects; the construction of…
Local Public Agency v. Prime Contractor
The firm represented the prime contractor in a claim by a school district that the…
Firm Forecloses Mechanic’s Lien
The firm sued to foreclose a rooftop solar contractor’s mechanic's lien against a property in…
Breach of Contract and Disgorgement for Contracting Outside License Classification
The firm was retained by a general contractor regarding the default termination of a subcontractor…
Firm Recovers From Subcontractor’s Performance Bond Surety
The firm represented a general contractor in pursuing a subcontractor's performance bond surety for the…
Luxury Hotel Successfully Disputes $700,000 Overcharge By Remodeling Contractor
The firm represented a high-end luxury hotel in a dispute over the balance owed on…
Foreclosure of Lien Against Residential Subdivision
The firm sued to foreclose a design professional's lien against a residential subdivision in Riverside…
Subcontractor Recovers on Mechanic’s Lien After Summary Judgment Upheld on Appeal
The firm represented a framing subcontractor pursuing its outstanding subcontract balance which had been paid…
Infrastructure/Bridge Contractor v. Surveying Company
The firm represented one of the largest bridge builders in the country in a dispute…
Subcontractor v. Owner and Payment Bond Surety
The firm represented a subcontractor seeking recovery of the subcontract balances due for work it…
General Contractor Receives Full Time Extension and Recovers Time-Related Costs After Bungled Design Put Out to Bid
Hundreds of design changes cause 15-month construction delay. The firm represented the general contractor in…
General Contractor v. Private Mixed-Use Project Owner and OCIP Insurer
The firm represented an ENR Top 50 general contractor to recover the contract balance and…
Local Public Agency v. Prime Contractor
The firm represented the prime contractor in a claim by a school district that the…
Prime Contractor v. Electrical Subcontractor on a Federal Project
The firm represented the prime contractor in a dispute with an electrical subcontractor over the…
Structural Concrete Subcontractor Wins Verdict 12-0 v. General Contractor
The Firm represented the structural concrete subcontractor seeking recovery of payment for subcontract balance and…
Structural Concrete Subcontractor v. General Contractor (Luxury Mid-rise Condo Project)
The Firm represented the structural concrete subcontractor seeking recovery of payment for subcontract balance and…
General Contractor v. Subcontractor
The firm successfully defended a general contractor and its surety against a lawsuit from a…
Commercial Openings, Inc. v. Southwest General Contractors, Inc.
The firm represented a construction manager in defense of a cross-complaint filed by a prime…
JBH Structural Concrete, Inc. v. Cleanline Concrete, Inc., et al.
The firm represented the structural concrete prime trade contractor in litigation arising from the construction…
Class A Office Tower – Design Build
The firm represented the land owner in structuring and drafting the design-build contract for a…
Engineered Structures of San Diego, Inc., dba Cairo Construction Company v. CH2M Hill Constructors, Inc. et al.
The firm represented a subcontractor in litigation arising from the construction of a large wastewater…
C & L Coatings, Inc. v. Apex Development, Inc. et al.
The firm represented a contractor against a defaulting subcontractor for breach of contract and indemnity…