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Construction Law

Foster Swift construction attorneys have the skills and focus to effectively help clients accomplish their goals. Our construction attorneys provide services in the following areas:

Negotiation and Drafting:

  • Architectural Agreements
  • Construction Agreements
  • Owner Development Agreements
  • Subcontractor Agreements
  • Supply Contracts
  • Developer Agreements
  • Utility Easements
  • Construction Management Agreements

construction contracts

Experienced in generating contract language intended to avoid conflict, the attorneys in this practice area draft and negotiate construction contracts for public and private projects. They believe the most effective means of risk management is an effective contract and therefore have negotiated numerous design and construction agreements based on standards set by leading organizations in architecture, engineering and construction. Developing, drafting and reviewing contracts, tedious but necessary duties, are no guarantee against future strife. When done conscientiously, however, using the most current industry guidelines, these tasks become the most reliable means of self-insurance.

Advice Concerning:

  • Utilization of American Institute of Architects & Associated General Contractors Documents
  • Change Orders
  • Different project delivery systems
  • Design Build Contracts
  • Dispute Review Boards and Standing Neutrals
  • Alternative Dispute Resolution Methods
  • Environment Conditions Impacting Projects

Litigation has been filed and defended in State and Federal Court in multiple states. Arbitration and facilitative mediation have been utilized. Matters litigated and arbitrated include:

  • State and Federal Bond Claims
  • Construction Liens and Foreclosures
  • Builder's Trust Fund Matters
  • Claims for Extras, Delay Claims, Claims for Acceleration, Claims for Loss of Efficiency, Differing Site Conditions and Bid Protests
  • Breach of Contract
  • Collateral Damage from Construction Projects

Administrative Proceedings:

  • MIOSHA matters have been investigated and defended on behalf of construction clients.
  • Licensing claims have been defended and licensing qualifications have been pursued with the appropriate administrative body.

Consulting and Related Services:

  • Foster Swift attorneys maintain strong contacts with construction industry consultants and professionals.
  • Foster Swift attorneys are arbitrators, mediators and case evaluators.
  • Foster Swift attorneys have frequently presented seminars regarding construction topics, alternative delivery methods, project finance for infrastructure, liens, claims for extras, dispute review boards, alternative dispute resolution methods, and understanding the AIA documents.


The firm's attorneys are members of the following:

  • American Arbitration Association
  • Michigan Infrastructure and Transportation Association (formerly Michigan Road Builder's Association and Associated Underground Contractors)
  • Associated General Contractors
  • Michigan Institute of Architects
  • Circuit Court Mediation and Case Evaluation
  • American Institute of Architects
  • American Bar Association Forum on Construction Industry
  • Greater Lansing Homebuilders Association
  • Michigan Home Builders Association
  • National Home Builders Association
  • Defense Research Institute
  • Michigan Defense Trial Counsel

Foster Swift has been named a Tier 1 firm in Construction Law in Lansing by U.S. News – Best Lawyers® "Best Law Firms" in 2014, 2016, 2017, 2018, 2019, 2020 and 2021.

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