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Choosing Flynn Riley Bailey & Pasek LLP

Experienced Construction Lawyers

Sloan Bailey and David Tillotson each have devoted many years to various aspects of construction law practice. Along with senior counsel Gary Sloboda and associate Ravi Sahae, we offer a substantial depth and breadth of experience in counseling construction contractors, subcontractors and material suppliers, design professionals, developers, owners and others involved in construction projects, whether on an ongoing basis or in connection with a specific contract or lawsuit.

Outstanding Communication

When you retain Flynn Riley as your legal counsel, we listen to you. We offer comprehensive information and advice to help solve your legal problems, in whatever way and at whatever times are best for you. You will have direct access to and the personal attention of the partner with whom you prefer to work, as well as the efficient services of our associates and staff, so that you can make decisions and have them carried out in the best way possible to run your business, minimize your risks, and maximize your returns on any project.

Cost-Effective Solutions

We provide our clients with the legal resources to manage the challenges of doing business in the construction industry, at a price that makes sense. We understand that dealing with legal matters can represent a significant drain on the time and money our clients would rather spend on completing construction projects. We are straightforward and frank with our clients about both the upside and the downside of all legal work we recommend, as well as the anticipated costs. We can advise you effectively whether you need only very specific tasks performed, or more general representation and counsel. Most of our construction practice involves traditional hourly-rate fee agreements, but other arrangements are possible in some cases, and we always keep an eye on the budget. We are diligent about being efficient, and we tailor our services to your needs and your directions.

Contracts

Construction contracts are unlike any other type of business contract, in that so many different parties with specialized roles are needed in order to build anything, and a construction project forms a complex web of contractual responsibilities of each of those parties to the others. The owner needs a contractor, an architect, engineers, and usually financing and managers and consultants. The contractor needs multiple subcontractors and materials suppliers, most of whom also have sub-subcontractors and materials suppliers. Architects employ consultants, engineers and sub-professionals. And all participants work under the auspices of one or more governmental authorities who may also have contractual relationships with all participants. Any construction project, even one of modest size, requires seamless teamwork and coordination to achieve successful completion. The contracts among the various members of the team must be consistent with each other and clearly define the obligations of each contracting party not only as between each other, but also in the context of the project as a whole. Otherwise, the entire construction project is likely to end in discord, disruption, or worse yet, litigation.

Flynn Riley's attorneys have years of experience representing each of the parties to the construction process and are keenly aware of the risks each participant is taking. We mold the contractual obligations of our clients to minimize the risks they assume. We know which risks are insurable and which are not, and how to tailor the contracts to maximize insurance coverage. We can negotiate aggressively, but also know better than to spend a dollar to earn a dime.

And we recognize that even after the contracts are signed, the web of contracts also must be flexible, because no construction project is static. The reality is that even when the team, the schedule and the job coordination are all on track, something unexpected will arise. Whether that event is a new design decision, a new law that imposes unanticipated requirements, a labor dispute, an overzealous inspector, unforeseen conditions, access issues or even just inclement weather, changes and change orders are nearly inevitable. Flynn Riley knows that the project requires constant maintenance, and we know how to keep it moving on time and on budget. And when a problem does arise, we can find practical and common-sense solutions that keep the job running. If we can not get an agreement, we are prepared to skillfully represent our clients' interests in arbitration or litigation.

Sophisticated Impact Litigation

In any project, changes in one aspect of the job—schedule, design, materials, and so on—occurring from whatever cause will have a ripple effect throughout the balance of the project, and may result in delays and additional costs for any party. Often, it is difficult to reach agreement regarding responsibility for the changes and which party should bear what costs. Flynn Riley has a very successful track record of representing those involved, whether contractor, owner, lender or other party, when disputes arise in the course of the construction of public and private works. We have assisted and advocated for our clients in claims and proceedings over change orders, the means or method of construction, delays and scheduling issues, payment problems, and the multitude of issues that may remain unresolved after the job is closed.

We are well versed in the unique statutory framework that applies to public works construction, as well as the private works counterparts. We apply a strategic approach that combines the technical understanding of our clients' business, ability to determine and address those responsible for funding decisions, and deep knowledge of the substantive and procedural aspects of the law.