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CONSTRUCTION


Attorneys

Gordon Arata Montgomery Barnett’s construction law practice comprises a group of attorneys whose practices are centered on resolving construction issues for firm clients. Our attorneys represent clients in counseling and, when necessary, litigation. We handle complex public and private construction actions on behalf of owners, developers, and design professionals, as well as contractors and subcontractors. The group has considerable experience with claims preparation and defense, scheduling issues, disruption and delay claims, and with drafting and negotiating construction documents for projects large and small. 

The firm’s practice has been recognized as one of the top Louisiana law firms for its construction practice by Chambers USA: America’s Leading Lawyers for Business.

Counseling
A significant portion of the firm’s practice includes working with clients to address issues in the design/build process and with vendor contracts. By counseling clients on bidding, performance, and contract management issues, we strive to obtain the best results in the most cost-effective and time-efficient manner, and avoid costly, time-consuming disputes. 

Litigation and Dispute Resolution
When disputes prove inevitable, Gordon Arata Montgomery Barnett attorneys offer client representation in construction litigation, arbitration, and mediation. Attorneys at the firm have handled a wide range of construction related disputes, representing both public and private institutions in projects involving hundreds of millions of dollars. We work toward expediting the dispute resolution process, and focus on creative solutions for our clients to the issues at hand. The following representative matters illustrate the scope of the projects that the firm has handled recently.

Representative Matters:

  • Representation of a major national contractor in a bid dispute concerning the largest public construction project in Louisiana history.
  • Preparation of the bid and contract documents for construction for a new public hospital.
  • Representation of a NYSE real estate investment trust in litigation over the construction of a large apartment complex.
  • Representation of a public hospital in a challenge to its bid award for the construction of a new hospital.
  • Advising an architectural firm on a variety of contractual and other legal matters.
  • Representation of condominium association in claims against general contractor, subcontractors and suppliers arising from historic building renovation.
  • Representation of an owner in claims against an architect and a structural engineer for design/engineering defects in construction of a large church building.
  • Representation of the Louisiana State Department of Education’s Recovery School District (RSD) and its approximate 80 public school facilities in all construction-related matters (both litigation and transactions) throughout all phases of its $1.8 billion Capital Rebuilding Program:
    • Restructuring of the RSD’s extensive Construction Contract Document Package used to award public bid contracts ranging from $20 million to $50 million.
    • Restructuring of the RSD’s extensive Designer Contract Document Package used to retain Design professionals to perform necessary design work.
    • Defense of the RSD’s interests in numerous lawsuits challenging the contracts awarded (and the awarding process) of publicly bid construction contracts.
    • Representation of the RSD’s interest in matters arising from failure to perform/breach of contract.
  • Advising a large convention and events center:
    • On public bid compliance and other legal issues surrounding the potential construction of its large highway sign.
    • On the permissible uses of certain revenue streams created by law.
    • Throughout the investigation of the permissibility of in-kind arrangements with other entities regarding the use of its facilities and equipment.
    • During ongoing litigation against its site-work contractor who provided defective and faulty workmanship.
    • On matters related to potential and actual legislation affecting its operations.

Accolades

Chambers USA

The Firm’s Construction Law practice was honored in 2016 with inclusion in Chambers USA: America’s Leading Lawyers for Business. The publication notes:

The firm is noted for its handling of contentious matters in the construction sphere, with recognized experience in litigation and alternative dispute resolution.  Clients include owners, developers and design professionals.

Chambers USA also lauded member Michael Botnick for his contributions to the Firm’s Construction Law practice. The publication notes:

Michael Botnick has extensive experience in construction law and is recognized for his achievements in this field.  His ability in litigation is widely regarded and he is known as a "very capable attorney."

Best Lawyers in America

Firm member Michael Botnick and special counsel Howard E. Sinor, Jr., have been recognized in Best Lawyers in America for their work in both Construction Law and Construction Litigation.

Louisiana Super Lawyers

The firm’s Construction Litigation practice area, member Michael Botnick and special counsel Howard E. Sinor, Jr. have been recognized in Louisiana Super Lawyers.  




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