From the beginning of projects through final completion, from the negotiation of contracts and preparation of bids to the resolution of construction disputes, Jackson Walker represents clients in all aspects of commercial and public construction projects. Our domestic and international construction and procurement law practice takes our attorneys across the United States and around the globe on behalf of our clients.
Jackson Walker represents owners (both private and public), homebuilders, commercial builders, developers, construction managers, general contractors, subcontractors, vendors, construction lenders, architects, engineers, and sureties. The breadth of our experience enables us to represent clients with a thorough knowledge of the legal relationships among the various parties in construction projects and provides us with sensitivity to the professional and technical capabilities and positions of the disciplines participating in completion of those projects.
CONSTRUCTION CONTRACTS
We assist clients involved in construction projects with legal needs arising throughout all phases from the point of project conception and development, through contract negotiation and project execution, to project completion, turnover and warranty. We handle the many different project delivery systems and are well-versed in all major industry contracts forms such as those promulgated by the AIA, AGC, EJC, EJCDC and CMAA. We represent a number of specialty service, equipment, and products providers who are involved in construction and construction-related projects. We have handled "privatization" matters and are positioned to provide a full range of services with respect to government contracts (federal, state and local), including bid protests and board of contract appeals claims. We assist clients with general project administration, draws and disbursements under financing arrangements, change order and claims issues arising during execution, job close-outs, and settlement and other project management tasks.
CONSTRUCTION DISPUTES
When litigation is unavoidable, Jackson Walker's trial lawyers vigorously battle to protect and assert client interests. Our attorneys can demonstrate successful handling of numerous construction disputes before state and federal courts, state and federal administrative agencies, and courts in foreign jurisdictions. Further, Jackson Walker trial lawyers regularly engage in a variety of alternative dispute resolution forums, including arbitration, mediation, mini-trials, dispute review boards, structured negotiations, and other cutting-edge forums, all while attempting to resolve complex construction disputes efficiently and in keeping with the best interests of our clients.
Attorneys in the construction litigation section of Jackson Walker are fully knowledgeable of construction law and are extensively experienced with construction claims and cases ranging from the common to the extraordinary, including those involving:
- Fee and payment disputes
- Prompt Pay Act and Mechanic's lien claims
- Bid protests
- Construction defects
- Design defects, engineering defects, latent defects, and other warranty issues
- Delay, schedule compression and acceleration claims
- Disruption and loss of labor productivity claims
- Cardinal changes
- Different site conditions
- Extra work
- Change orders
- Contract termination
- Payment and performance bond claims (public and private)
- Residential Construction Liability Act (RCLA)
- Texas Residential Construction Commission Act (TRCCA)
- LEED Certification
- Indemnity disputes
- Indoor air quality / mold claims
- Exterior insulation finish systems (EIFS)
- Products liability
- Job site safety
- Personal injury
- Property damages
- Architectural copyright infringement
- Union grievances
- Insurance coverage issues
- Land use
- Municipal utility districts
- Special utility districts
- Water law
- Bridge and road
- Heavy highway
- Environmental
In addition to lawsuits, Jackson Walker routinely represents its construction clients in arbitration. In fact, several of Jackson Walker's attorneys are also arbitrators registered with the American Arbitration Association and other alternative dispute resolution organizations, and, as such, are intimately familiar with the "ins and the outs" of the arbitration process.
KNOWLEDGE OF THE CONSTRUCTION PROCESS
Jackson Walker construction attorneys are familiar with all manner of commercial, industrial, residential, and mixed-use construction, including:
Energy and related infrastructure, including:
- Offshore oil rigs and drilling platforms
- Gathering systems
- Oil refineries
- Chemical refineries
- Biodiesel plants
- Oil and liquids pipelines and pumping stations
- Gas pipelines and compressor stations
- Conventional power plants based on natural gas, coal, and liquid fuels
- Renewable energy facilities based on wind, solar, and other renewable resources
- Power transmission lines
- LNG re-gasification and storage facilities and other infrastructure assets
Commercial, residential and mixed use, including:
- Shopping centers
- Resorts and hotels
- Hospitals
- Churches
- Schools
- Condominiums
- Apartment complexes
- Residential developments and individual homes
- Assisted living facilities
- Warehouses
- High-rise / office buildings
- Federal government facilities
- Underground utilities
RELATED PRACTICE AREAS
Jackson Walker offers much more than expertise related to construction and procurement law.
Jackson Walker is one of the few law firms able to support construction activities with a dedicated international trade group that includes lawyers and other professionals (including a licensed customs broker) with decades of experience concentrated on international trade and cross-border business matters. This enables us to provide detailed and pragmatic advice regarding customs and trade laws, NAFTA and other trade agreements, bills of lading and other shipping documents, duty and clearance issues, commodity classification and export regulation, C-TPAT enrollment and verification. We represent parties in Customs and Border Protection actions, including defending seizure matters, and in defending penalty and liquidated damages actions. We also help design and implement import and export compliance programs and address export license issues on a companywide and project-by-project basis.
Jackson Walker has a renowned labor and employment practice available to our clients who need assistance with ERISA, unions, discrimination claims, minority business enterprises, or other labor and employment issues.
Jackson Walker's immigration practice provides our contractor clients with the advice and resources they need to comply with the recent changes in immigration law, including "no match" letters.
Jackson Walker construction clients also frequently utilize our extensive land use and real estate practices.
KNOWLEDGE OF THE INDUSTRY
Jackson Walker lawyers know the construction industry. Jackson Walker attorneys are members and leaders of almost every major construction industry organization, including:
- Associated General Contractors
- Associated Builders and Contractors
- National Association of Builders
- Texas Association of Builders
- Texas Association of Defense Counsel
- Home Builders Association of Greater Dallas
- The Fidelity & Surety Law Committee
- The Defense Research Institute, Construction Section
- The Forum on the Construction Industry
- State Bar of Texas, Construction Law Section
- Houston Bar Association, Construction Law Section
- Dallas Bar Association, Construction Law Section
- American Bar Association, Construction Law Section
KNOWLEDGE OF THE LAW
Jackson Walker's construction attorneys are committed to maintaining and continuously updating their cutting-edge knowledge of Texas construction law. In connection with their constant commitment to excellence in this field, Jackson Walker attorneys regularly write and speak on the myriad topics of interest to the construction industry today:
- "Real Estate Considerations and Priorities," Lorman Educational Services (Dallas and Fort Worth 2000-2011)
- "Construction Lien Law in Texas" Seminar (Dallas and Fort Worth 2000-2012)
- "Legislative Update: Construction Issues Facing the Texas Legislature's 2003 Session," presented to the Dallas Bar Association Construction Section (November 2002)
- "Ancillary Arbitration Issues In Construction Disputes," South Texas College of Law Construction Law Journal (2005)
- "Construction Defect Risk Management and Insurance," IRMI Conference, Dallas (2007)
- Regional Editor, A 50 State Compendium of Construction Law Issues, ALFA International (2007)
- "Legal Issues Relating To Special Events - And Contract Provisions To Address Those Issues," presented at the International Special Events Society (March 2004)
- "Boilerplate Terms, Rules of Interpretation & Developments in Drafting Contracts," presented at the Continuing Legal Education Seminar, Corporate Counsel Update (May 2003)
- "Legal Consequences of Technology Adoption and Changes In Practice," presented at the Center For International Legal Studies Seminar, International Construction Law Conference (February 2003)
- "Contractor Litigation Trends – Repairs, Electronic Discovery, and Beneficial Contract Provisions," at the Annual Convention of the Texas Lathing and Plastering Contractors Association (TLPCA)
- "Contractors Need to Consider Legal Rights, Risks in Repair Process," Houston Business Journal (June 2007)
- "Mold and the Law," Interface, Vol. XX, No. 2 (February 2002)
- "A Legal Perspective to the Mold Issue," Roof Consultants Institute (RCI) Region 4 Fall Meeting, (San Antonio, October 2001)
- "Mold Litigation and Liability Issues," San Antonio Real Estate Attorneys Group (October 2001)
- "Mold, Mildew, and Sick Building Litigation" (Seminar Panelist), State Bar of Texas (Dallas, September 2001; (Houston, June 2001); (Austin, February 2001)
FULL-SERVICE FIRM
Further, we take an interdisciplinary approach to legal services, offering our clients the resources of Jackson Walker's approximately 360 attorneys, located in our Austin, Dallas, Fort Worth, Houston, San Angelo, and San Antonio offices. Jackson Walker consistently fulfills client needs with our unique ability to utilize and rely upon the expertise of the many Jackson Walker attorneys experienced in handling the diverse challenges confronting our construction clients, including without limitation taxation, banking and project finance, environmental issues and regulations, creditor's rights and bankruptcy, intellectual property, real estate issues, governmental agency relations, and lobbying.



