Posternak Blankstein & Lund LLP is now Arent Fox. Read the press release

Scaffolding on large building

Contract Drafting & Negotiating / Contract Administration

Arent Fox represents corporate and institutional owners, developers, contractors, architects, project managers, engineers, and construction managers in transit programs, office buildings, luxury and multifamily residential condominium and rental projects, educational and health care facilities, hotels, large sports arenas, convention centers, waste-to-energy plants, shopping centers, theaters, museums, factories, and other projects.

We draft and negotiate custom-tailored contracts as well as industry forms. Moreover, our services continue after contracts are negotiated and signed. To that end, we advise clients on contract administration issues, including additional work disputes, change orders, defaults, and insurance coverage.

Our Work

  • We serve as construction counsel to a major financial institution in connection with various new construction and renovation projects for its corporate facilities.
  • We serve as construction counsel to developers of multifamily residential, mixed-use developments, including ground-up buildings (new construction) and gut renovations, which typically exceed $100 million in construction cost. We prepare and negotiate all design and construction agreements for these projects.
  • We advise developers on the formation and negotiation of construction access license agreement with adjacent property owners.
  • We act as construction counsel for various nonprofits for their headquarters and other office buildouts and negotiate their contracts with project managers, architects, engineers, and contractors.
  • We represented the developer of the $100 million modernization and expansion of the George Washington Bridge Bus Station, a public-private project (P3). We negotiated and drafted the front-end contract documents for the project.
  • We represent the owner of a portfolio of senior living facilities in post-acquisition capital improvements to its portfolio of facilities.
  • We advised Major League Soccer teams, the developers, and design professionals in connection with the construction and design of sports and entertainment arenas.
  • We counseled owners of theaters in connection with their renovation and expansion projects.
  • We advised a major consumer food manufacturer in connection with a $500 million project involving the design and construction agreements for a new manufacturing plant. This new manufacturing facility was constructed with a view toward future expansion of the manufacturing facilities, construction of other structures, and connections from the facilities to commercial transportation/shipping services.
  • We drafted and negotiated master services agreements on behalf of a public finance authority for architecture/engineering services for education projects; project management services for various public improvement projects; a design-build agreement for improvements to a public pier, proximate streets, plazas, a public pool complex, a sports stadium, and other community and tourism-related improvements; and a design-build project for a new sports complex.
  • We counseled and prepared contracts between a professional basketball team and design architect, local architect of record, and construction manager (at-risk as constructor) in connection with the team’s state-of-the-art practice facilities.
  • We represent the owner and developer in connection with the design and construction of new facilities for its transportation operations in a metropolitan area.
  • We counseled a Major League Baseball team in connection with the design and construction of a new stadium, including the review of various construction agreements; drafted modifications to the construction agreement, including for the food & beverage facilities of the project; analyzed construction cost irregularities under the Guaranteed Maximum Price model; and reviewed the project insurance program.
  • We advise hospital systems in connection with the design and construction agreements for the expansion and modernization of their health care facilities.
  • We advised a hospital system in connection with a public procurement for two separate projects to renovate and upgrade a hospital. We assisted the client with the public procurement process, and with the preparation and drafting of bid packages and the construction contract documents.
  • We represent an automobile dealer group on the development and construction of its real estate holdings.
  • We counsel the provider of sustainable geothermal heating and cooling systems on its construction contracts for residences in the Northeast.
  • We also assisted the client with issues raised by a local labor union that alleged prevailing wages infractions by a bidding contractor in past projects for other public entities.