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

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 served as construction counsel to the developer of three separate roundup buildings (new construction) and one total renovation, each of which exceeds $100 million in construction cost. We prepared and negotiated all design and construction agreements for these projects.
  • We acted as construction counsel for various nonprofits and negotiated the contracts the clients entered into for their headquarters and other office buildout 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. We negotiated and drafted the front-end contract documents for the project.
  • We acted transactional counsel for the development, design, and construction of newly renovated high-rise multifamily projects in New York City.
  • We represent the owner of a portfolio of senior living facilities in post-acquisition capital improvements.
  • We counsel 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 is being 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.
  • We provided counsel and prepared contracts between a major professional basketball team and design architect, local architect of record, and construction manager (at-risk as constructor).
  • Counseled a Major League Baseball team in connection with the design and construction of a new stadium, including review various construction agreements; drafting modifications to the construction agreement, including for the food & beverage facilities of the project; analyzing construction costs under Guaranteed Maximum Price model; and reviewing project insurance program.
  • We advised 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 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.