Unanticipated problems arising out of the design or construction process can have serious consequences for a design professional. The growing use of alternative project delivery methods — including design-build, fast-track and others — increases the potential for litigation and the possible loss of clients.

Our construction attorneys have extensive knowledge of the practices, customs and techniques of design firms and all of the other segments of the construction industry. By concentrating our practice in the construction industry and, in particular, on representation of design professionals, we are able to provide accurate, timely and cost-effective legal advice with regard to all aspects of a design professional's practice.

Schiff Hardin's construction attorneys help design professionals avoid disputes and minimize liability by drafting, reviewing and negotiating contracts for projects as diverse as:

• Hotels
• Shopping centers
• Health care facilities
• Major high-rise office buildings
• Apartment buildings
• Sports facilities
• Power plants
• Transportation systems
• Industrial facilities
• Infrastructure
• Residences

We have worked on projects throughout the United States, Asia and Europe. We negotiate contracts for all types of project delivery methods, including design-build, construction management, fast-track and Engineering, Procurement and Construction (EPC).

Our philosophy is to negotiate fair but protective contracts for design professionals reflecting the realities of the industry. We recognize that owners sometimes attempt to impose unreasonable requirements on design professionals because they are unfamiliar with the practice of architecture or engineering. When this happens, we use our knowledge of the profession to explain why the position is unreasonable and suggest appropriate alternatives. This approach results in cost-effective negotiations and fair contracts for design professionals.

The practice of architecture and engineering is fraught with risks. Issues may arise on the construction site — while reviewing contractors' pay requests, change orders, and claims or when asked to sign lenders' certificates. Significant financial consequences may depend on quickly made decisions.

Our attorneys are a telephone call or email away with the needed advice, recommendation or redrafted language. Our extensive knowledge and the size of our group ensure a prompt answer to virtually any question. Our clients find that this "ounce of prevention" is an extremely cost-effective method of risk avoidance.

Due to their involvement at the earliest stages of a project, design professionals are in an excellent position to influence how the entire project — including construction — is structured. Out attorneys have particular knowledge and experience in alternative project delivery systems and can help clients structure the project to maximize potential and minimize risks for both the design professional and the owner.

In particular, Mark Friedlander, the co-leader of our Construction group, has developed a business plan, complete with copyrighted contract documents, to enable architects and engineers to be the lead member of design-build teams, contracting directly with the owner, and enjoying all the benefits and profits of design-build while minimizing and controlling the risks.

We are experienced in favorably resolving licensing matters for architects and engineers and obtaining proper registration in the many states that are restrictive in allowing the corporate form of practice of architecture and engineering. We advise on and structure projects to enable architects to practice in states which may pose licensing obstacles.