Construction Specialty Team

At the core of our Construction practice is our dedication to understanding each individual client and becoming an extension of their team. We get to know our clients’ business, including their goals and organizational challenges, to customize project strategies that address specific needs. Skill in navigating governmental regulations and procedures, paired with our experience working with industry personnel, enables us to get projects completed in an efficient and cost-effective manner. We take pride in being as capable working on public works projects as we are collaborating with contractors. Although we are a large firm, our clients are accustomed to a specialized level of attention often found only at small boutique firms.

Our Construction Specialty Team consists of professionals possessing decades of expertise in all phases of the construction process. We assist clients from the earliest stages, including project concept development, land acquisition, permitting, and financing, through contract negotiation, bid preparation and protests, and project administration. Our services also cover claims preparation, negotiation, mediation, litigation, and final project closeout.

Whether navigating complex government regulations, managing project risks, or resolving disputes, we provide calculated counsel at every step. Our attorneys are equally adept at handling public and private sector projects, and at understanding the technical nuances involved in diverse construction environments. Group members are regularly appointed as arbitrators, mediators, and masters in complex construction disputes, achieving successful outcomes for our clients through negotiation and litigation.

We are proud to represent a broad spectrum of clients nationwide, including general contractors, subcontractors, construction managers, and material suppliers, on projects of every scale and in a variety of sectors. Our experience extends to domestic, international, and public and private construction endeavors including commercial, residential, education, health care, retail, manufacturing, hotel, airport, infrastructure, heavy construction, historic, entertainment venues, public-private partnership (P3) ventures, and others. Notably, we have guided clients through major Federal Emergency Management Agency (FEMA) hurricane projects and significant airport, freeway, and water and sewer works projects.

With the depth of our bench, our clients benefit from our ability to harness the knowledge of our attorneys experienced in a multitude of areas of the law. We are uniquely positioned to address the multifaceted legal challenges facing today’s construction sector. Our teams have extensive expertise in navigating legal issues including the complexities of immigration enforcement, addressing the need for new workers in the industry, and associated impact on labor costs. We are adept at advising clients on compliance with evolving workforce regulations such as the variety of E-Verify laws in effect in many states requiring public and private employers to verify work authorization. Additionally, we provide tactical counsel on managing labor cost increases, tariff impacts, and the integration of escalation clauses in contracts to mitigate financial risks.

Our firm also excels in addressing emerging challenges such as artificial intelligence (AI) in construction, including the legal risks associated with AI-driven tools on jobsites, such as liability for defects, delays, or safety incidents. We assist clients in incorporating AI into contracts and ensuring compliance with regulatory frameworks, including various US state-level rules, legislation, and executive orders and rigid mandatory rules such as the European Union Artificial Intelligence Act (EU AI Act), which imposes obligations on high-risk AI systems. We also guide clients through the adoption of green practices and sustainable construction methods, including compliance with energy codes, water efficiency standards, and circular economy principles to reduce construction waste and meet climate goals. Our expertise extends to addressing regulatory delays, scope creep, and ethical misconduct, ensuring that our clients can navigate these challenges effectively while maintaining compliance and ethical integrity.

In addition to these areas, we are well-versed in supporting clients with the adoption of advanced technologies, such as digital construction management systems, which are increasingly required for transportation infrastructure projects. Our teams also help construction firms to prioritize worker safety, mental health, and well-being, recognizing the importance of fostering a healthy and productive workforce. By leveraging our comprehensive knowledge and resources, we provide tailored legal solutions that address the diverse and evolving needs of the construction industry, ensuring our clients are well-equipped to succeed in this dynamic environment.

Our long-standing relationships with leading construction industry associations enhance our ability to serve our clients effectively. We are honored to serve as general counsel to the state’s largest industry trade group, Michigan Infrastructure and Transportation Association, and are honored to count many of its members as clients. We are actively involved with organizations such as the Associated Builders and Contractors of Southeast Michigan, Michigan Concrete Association, and Asphalt Paving Association of Michigan. Additionally, our firm has served on the Attorneys’ Counsel for the American Subcontractors Association, reflecting our commitment to industry leadership and advocacy.

Members of Butzel’s Construction Specialty Team are frequently invited to lecture and present at industry events and legal programs, sharing insights with professionals and peers. Our Team’s excellence is recognized by prestigious Michigan and national legal publications for achievements in Construction Law and Litigation. Many of our attorneys have earned individual honors and are respected among thought leaders in the field.

Client Alerts

News

Successfully represented prime contractor in resolution of warranty disputes and subcontractor disputes on a major freeway reconstruction project for the Indiana Department of Transportation (INDOT)

Successfully represented performance bond surety in obtaining a no cause of action in a complex case involving the construction of an offshore water intake facility on the bottom of Lake Michigan

Successfully represented construction industry trade associations in resolution of matters affecting the transportation infrastructure construction industry in Michigan

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

Successfully represented subcontractor in prosecution of Miller Act Payment Bond claim in connection with United States Air Force (USAF) airfield reconstruction project in Kansas

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 prosecuted administrative appeals to preclude awards to second bidders on three Michigan Department of Transportation (MDOT) construction contracts totaling more than $14M

Successfully represented prime contractor and subcontractor in recovering $1.5M claim for extra work on a Michigan Department of Transportation (MDOT) bridge reconstruction contract

Represented prevailing contractor in a Conflict Resolution Team proceeding involving significant warranty work claim by Michigan Department of Transportation (MDOT)

Successfully represented prime contractor in resolution of multi-million-dollar delay claim on Texas Department of Transportation Project (TxDOT)

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

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

Represented major South Korean chemical company in the acquisition of land, obtaining various government grants and tax incentives and the drafting and negotiating of a construction contract for a $303 million advanced lithium-ion battery manufacturing facility

Successfully represented prime and subcontractors in prosecution of multi-million-dollar delay claims on a Michigan Department of Transportation (MDOT) construction project

Successfully represented the construction industry in halting the announced “non-public opening of bid” on a $120M site civil construction project at a major Michigan airport, procuring the re-advertisement of the project providing for full competitive bidding

Successfully represented contractors and subcontractors in numerous delay, acceleration, differing site conditions (DSC), extra work, defective and warranty work, and contract interpretation disputes with Michigan Department of Transportation (MDOT) in administrative claims review process