Strong, clear agreements are the foundation of successful projects. Martin & Jones has extensive experience drafting, negotiating, and enforcing a wide range of agreements in the construction industry. We understand that each project is unique, and we take a tailored approach to ensure that our clients’ interests are protected from the outset.
Our attorneys work closely with owners, contractors, design professionals, and owner’s advisors to craft agreements that align with the project’s goals and reduce the potential for disputes. Whether you're involved in public infrastructure projects, private development, or anything in between, we ensure that your contracts are comprehensive, precise, and enforceable.
Our services include:
Design is where a project begins, and clear agreements between owners and design professionals are crucial. We assist clients in negotiating prime professional services agreements that define the scope of work, timelines, compensation, and responsibilities, helping to avoid disputes down the road.
Our attorneys are experienced in handling a wide range of design contracts, from owner-designer agreements to design-build arrangements. We focus on creating agreements that establish clear expectations, appropriately limit liability, and ensure all parties understand their obligations throughout the project.
Subconsultants play a key role in the design process, and the agreements between prime professionals and their consultants must be carefully crafted to ensure consistency and accountability. Martin & Jones helps clients prepare and review professional services agreements at all tiers, ensuring they accurately reflect the appropriate risk allocation, while also addressing the specific roles and responsibilities of each party.
We ensure that all parties are on the same page regarding deliverables, schedules, payment terms, and risk allocation, reducing the chances of conflicts that can derail a project.
Construction managers provide essential oversight for large and complex projects, and their agreements must reflect the critical role they play. Whether you're a construction manager or an owner hiring one, we help negotiate agreements that clearly define the CM’s responsibilities, including pre-construction services, scheduling, coordination, and cost management.
Our team understands the complexities of construction management agreements, and we work to ensure that the contract reflects the project’s scope and the CM's duties, while addressing risk management, indemnification, and appropriate dispute resolution provisions.
Design-bid-build is one of the most commonly used project delivery methods in the construction industry, offering a clear division of responsibilities between the design and construction phases. However, its traditional structure can sometimes lead to challenges, particularly when it comes to coordination between designers, contractors, and owners. Martin & Jones has extensive experience helping clients navigate the intricacies of design-bid-build projects, from the initial design phase through bidding and construction.
Our attorneys provide legal support at every stage of the process, ensuring that contracts are clear, responsibilities are well-defined, and any potential risks are managed effectively. Whether you’re an owner, contractor, or design professional, we offer the guidance needed to reduce conflicts and keep your project on track.
Comprehensive Support in Design-Bid-Build Projects
Clear Contracts: A well-drafted contract is the key to avoiding disputes later in the project. We help clients prepare contracts that define the scope of work, responsibilities, deadlines, payment, and all other critical terms. Our focus is on creating agreements that protect your interests and ensure smooth project execution.
Managing Risks: In design-bid-build, risks often arise from the separation of design and construction—leaving the owner in the middle. Our attorneys help clients anticipate and mitigate these risks through strategic contract drafting, risk allocation, and ongoing advice. From managing design errors to handling change orders, we work to minimize the potential for costly disputes.
We have supported design-bid-build projects across a range of industries, including infrastructure, commercial, industrial, and residential. Our deep understanding of project delivery methods and risk management ensures that our clients receive practical, strategic advice tailored to their specific project needs.
Design-build project delivery method combines the design and construction phases under a single contract, streamlining communication and improving efficiency. By integrating these phases, design-build can reduce project timelines, lower costs, and minimize the potential for disputes between project participants. However, done wrong design-build can be a breeding ground for disputes. Design-build requires a comprehensive understanding of the key risks, organizational buy-in from all participants, and coordination of the contract terms and the parties expectations.
At Martin & Jones, we have extensive experience assisting clients with design-build projects across various industries. We help owners, contractors, and design professionals navigate the complexities of this delivery method to ensure that their projects run smoothly from start to finish.
Design-build contracts must address the roles, responsibilities, and risk-sharing intended by the parties. We assist clients in drafting and negotiating contracts that clearly define expectations, timelines, and financial terms. Our contracts ensure that each party understands its duties, mitigating the potential for conflict during project execution.
While design-build offers many benefits, it also introduces new risks due to the integration of design and construction responsibilities. We help clients allocate these risks appropriately, ensuring that they are managed effectively throughout the project lifecycle. Whether you’re concerned about the adequacy of the bridging documents, design errors, cost overruns, or unforeseen conditions, we provide proactive advice to minimize potential liabilities.
The ultimate success of a design-build project often depends on seamless coordination between the expectations and actual experience. We support our clients by ensuring they understand going into the project what to expect, ensure the contracts reflect those expectations, and that the project proceeds according to the contracts and expectations. Along the way, we often provide guidance on how to handle change orders, unforeseen conditions, and end-products that fail to meet expectations.
Collaborative project delivery methods are designed to foster greater communication, flexibility, and coordination between all parties involved in a project—owners, designers, contractors, and other key stakeholders. By involving participants early in the design process and building systemic teamwork in the project DNA, these methods tend to result in improved project outcomes, increased efficiency, and reduced risk of disputes.
Martin & Jones has significant experience advising clients on collaborative delivery methods. We work with owners, contractors, design professionals, and public and private entities to structure agreements that reflect the collaborative nature of these projects while protecting each party’s interests.
Progressive Design-Build (PDB) is not traditional design-build. This approach fosters collaboration from the outset, allowing owners to work with the design and construction teams throughout the project to ensure the owner’s needs and vision is meet.
Our attorneys assist clients in structuring and negotiating Progressive Design-Build agreements, ensuring that roles, risks, and expectations are clearly defined from the start. We help align the interests of the design and construction teams with those of the owner, minimizing disputes and fostering a cooperative environment throughout.
Progressive CMAR is similar to Progressive Design-Build but retains a distinction between the design and construction roles. In this model, a construction manager is engaged during the design phase to provide input on constructability, budgeting, scheduling, and other key areas. The construction manager commits to a guaranteed maximum price (GMP) once the design reaches a specified point.
We help clients draft and negotiate Progressive CMAR agreements that clearly define the construction manager’s pre-construction services, responsibilities during design development, and their role once construction begins. Our goal is to ensure that the interests of all parties are aligned, reducing the risk of disputes and cost overruns.
IPD is, by all most any measure, the most collaborative of all project delivery methods, bringing together the owner, designer, and contractor under a single contract to share both risks and rewards. The focus is on early involvement, open communication, and shared accountability, with the goal of achieving optimal project outcomes for all participants.
Martin & Jones has experience structuring IPD contracts that facilitate collaboration while clearly defining the shared risks and rewards. We work with our clients to ensure that the terms of the agreement are fair and transparent, allowing all parties to benefit from the project's success while minimizing potential conflicts.
Special Purpose Entities (SPEs) are typically used for large, complex projects, including public-private partnerships (P3s) and joint-ventures that combine the ownership, construction, and operation under a single entity. These entities are created specifically for a single project, program, or dedicated service which requires considerable real estate investment. SPEs allow owners and developers to pool resources, manage risk, and ensure accountability.
Our attorneys have can advise clients on forming and structuring SPEs, as well as negotiating the agreements that govern them. Whether you’re forming a P3 to deliver critical infrastructure or a special purpose development company for a commercial project, our attorneys can provide guidance needed to ensure project success.
Collaborative project delivery can take many forms. Often, however, the benefits of collaborative project delivery can be accomplished by simply taking steps to ensure early involvement by the construction team. And this does not always require implementing a project delivery method that may be outside your organizations comfort level or procurement rules. Our attorneys can help plan and draft agreements to both benefit from early contractor involvement while utilizing the delivery model with which you are most comfortable.
Construction Manager at Risk (CMaR) and Construction Manager/General Contractor (CM/GC) are project delivery methods that combine elements of both traditional and collaborative construction approaches. In these methods, a construction manager is hired early in the project to provide pre-construction services, including budgeting, scheduling, and constructability reviews. Once the design is finalized, the construction manager assumes the role of general contractor, taking on responsibility for delivering the project, typically within a guaranteed maximum price (GMP).
Martin & Jones assists clients in CMaR and CM/GC projects. Whether you're an owner, construction manager, or contractor, our attorneys help you navigate the contractual and operational complexities of these delivery models to ensure successful project outcomes.
Pre-Construction Involvement
In CMaR and CM/GC projects, early involvement of the construction manager is key to identifying potential challenges before construction begins. Our attorneys assist clients in structuring agreements that clearly define the construction manager’s pre-construction responsibilities, including cost estimating, value engineering, and constructability reviews.
We work with both owners and construction managers to establish clear roles and responsibilities during the design phase, ensuring that the construction manager’s input is integrated into the project from the outset. This approach helps prevent costly delays and change orders later in the project.
Guaranteed Maximum Price (GMP)
One of the critical phases of CMaR and CM/GC is the negotiation of a guaranteed maximum price (GMP), where the construction manager commits to completing the project within a specified budget. Our attorneys help clients negotiate GMP contracts that protect against cost overruns while ensuring that all parties have a clear understanding of the project’s financial framework.
We ensure that the terms of the GMP are clearly defined, including provisions for how savings are shared if the project comes in under budget and how any cost increases are addressed. Our goal is to provide clarity and transparency, reducing the risk of financial disputes during construction.
Risk Management
In CMaR and CM/GC projects, risk management is critical. The construction manager must balance their responsibility for cost control with their obligations to deliver the project on time and to the required specifications. We help clients identify and allocate risks appropriately, ensuring that contractual terms reflect the construction manager’s role in managing and mitigating risks.
From managing design changes to navigating unforeseen conditions on-site, we provide legal guidance that helps clients address risks before they escalate into costly disputes. Whether you’re an owner seeking to limit your exposure or a construction manager aiming to protect your interests, we ensure that your contract provides the protections you need.
In the construction industry and beyond, clear, well-drafted agreements are essential for ensuring smooth business operations and reducing the risk of disputes. From purchase orders to teaming agreements, the legal foundation of your business relationships can make all the difference when it comes to meeting deadlines, controlling costs, and protecting your rights.
At Martin & Jones, we have extensive experience drafting and negotiating a variety of agreements for contractors, suppliers, owners, and other stakeholders in construction and related industries. Our goal is to ensure that these agreements are clear, enforceable, and tailored to your specific business needs.
Purchase orders are more than just a formality—they establish key terms and conditions for the procurement of goods and services. Our attorneys work with clients to draft and negotiate purchase orders that protect their interests, ensuring that payment terms, delivery schedules, and product specifications are clear and enforceable.
Whether you're a supplier, contractor, or owner, we help you navigate the complexities of procurement and enforce your rights under the agreement if disputes arise. We focus on ensuring that your purchase orders align with your larger contractual obligations and the overall goals of your project.
Teaming agreements are commonly used when multiple contractors or firms join forces to bid on or execute a large project. These agreements define the roles, responsibilities, and compensation of each party, as well as how risks are shared or allocated among team members.
At Martin & Jones, we help clients structure teaming agreements that foster collaboration while protecting their individual interests. Whether you’re leading a team or joining a larger effort, we work to ensure that your role is clearly defined, your compensation is fair, and your exposure to risk is minimized.
In any large construction or development project, subcontractors and vendors play a critical role in ensuring timely project delivery. Our attorneys assist clients in drafting and negotiating subcontracts and vendor agreements that are comprehensive, clear, and aligned with the prime contract.
We help ensure that these agreements include appropriate provisions for scope of work, payment terms, insurance, indemnification, and dispute resolution, allowing for smooth operations and reducing the likelihood of conflicts between prime contractors and subcontractors or vendors.
Consulting agreements are essential when bringing in third-party professionals for specialized services during a project. Whether you need design consultants, engineers, or management consultants, these agreements must clearly define the scope of services, timelines, fees, and any confidentiality or intellectual property concerns.
We assist clients in drafting consulting agreements that are both flexible and protective, ensuring that your consultants’ contributions align with your project goals while minimizing potential risks.
A Master Service Agreement (MSA) is a powerful tool for clients who frequently procure goods or services across multiple projects from the same supplier. By establishing overarching terms and conditions in advance, an MSA eliminates the need to negotiate new agreements for each individual project, streamlining procurement and increasing efficiency. When the goods or services being delivered are consistent or similar across projects, an MSA can significantly reduce administrative burden while ensuring that critical aspects such as pricing, delivery schedules, and risk allocation remain consistent. At Martin & Jones, we help clients draft and negotiate MSAs that provide clarity, protect their interests, and facilitate smooth, ongoing business relationships with key suppliers.
Martin & Jones is well-versed in negotiating and drafting a wide variety of other agreements that support the needs of our clients, including:
Non-Disclosure Agreements (NDAs): Protecting confidential information during negotiations and throughout project execution.
Indemnity Agreements: Defining risk-sharing arrangements and ensuring you are protected from liabilities.
License Agreements: For clients developing or utilizing proprietary technologies, licensing agreements that protect intellectual property rights.
Joint-check Agreements: By requiring joint checks, the payor minimizes the risk of non-payment down the supply chain, reducing the likelihood of liens or delays due to financial disputes.
Claim Liquidating Agreements: Allows a subcontractor to authorize the contractor to pursue claims against the owner on their behalf, with the recovery shared according to the agreed terms. This may simplify the claims process and help ensure both parties are compensated fairly.
Whatever your business needs, our team works closely with you to structure agreements that are tailored to your unique situation and ensure that your legal interests are protected.