At DeWitt, we have a seasoned team of attorneys with extensive experience successfully handling matters related to the construction industry. We are able to offer legal advice in a wide variety of areas in public and private sector development and construction activity. Our attorneys take a comprehensive approach to each project, whether negotiating the financing for a mixed-use project or litigating a construction claim, we work closely with our clients to achieve sensible solutions and results.

Frequently, our construction industry clients seek advice ranging from project development, government contracts, finance, risk management or alternative dispute resolution to litigation. We have significant experience with construction industry claims and litigation, including alternative dispute resolution.

Our Wisconsin and Minnesota construction industry attorneys deal with civil and infrastructure projects, resorts, mixed-use and commercial projects, public works and land use projects. In addition, we frequently work with government contracting and industrial projects to help our clients devise effective strategies and solutions to resolve issues unique to the construction industry.

We represent national and international construction clients throughout the country, including owners, architects, engineers, general contractors, construction managers, subcontractors, specialty contractors, material suppliers and other parties involved with the design, construction and operation of commercial, public and residential properties.

The areas of our expertise in the construction industry include:

• Litigation – including trials and appeals in state and federal courts
• Alternative dispute resolution – including mediation and arbitration
• Contract review, negotiation and drafting
• Contract compliance – including change order and differing site condition issues
• Construction and mechanics liens
  • Competitive bidding process, bid mistakes and protests
  • Delay, acceleration, and suspension of work claims
  • Design and construction defect claims
  • Design professional negligence and malpractice claims
• Corporate compliance
• Environmental permitting and compliance as well as other environmental issues including asbestos, mercury and mold disputes
• False Claims Act defense
• Government contracts
• Insurance coverage issues
  • Job site injury claims
  • Coverage under commercial general liability policies and other types of insurance
• Litigation of construction disputes in state and federal courts, including Federal Claims Courts
• OSHA and MSHA safety law compliance
  • Prevailing wage issues
  • Warranties​
• Public construction, infrastructure and highway construction
• Public-private partnerships
• Public and private payment and performance bonds

If you would like to speak with one of our attorneys regarding your construction related legal needs, please contact one of our construction industry attorneys.

Notable Representations

Amicus

• Represented the interests of major construction trade associations on three separate occasions by filing amicus briefs with the Wisconsin Supreme Court on their behalf.
• Successfully argued before the Wisconsin Supreme Court as an amicus on behalf of contractor associations regarding interpretation of state lien laws.

Arbitration

• Arbitration of a construction dispute with the State of Louisiana concerning work performed at the Superdome, which was successfully concluded in favor of DeWitt’s client with an award of more than $1 million dollars.
• Prosecuted claims and defended counterclaims for an Engineering, Procurement and Construction (EPC) contractor client in a Commonwealth of Virginia proceeding against a biofuels facility owner, resulting in client’s collection of a $6 million dollar award after a six week arbitration hearing.

Building Defect

• Represented a major children’s toy and apparel manufacturer in a multimillion-dollar defective building claim, resulting in a multimillion-dollar client award.

Construction Management Representation

• Continued representation of Construction Manager in the Lambeau Field stadium renovation and construction projects for the National Football League’s Green Bay Packers.
• Project manager representation in the development, project management, and construction of the Kohl Center, the University of Wisconsin’s hockey and basketball arena, and Ford Field, the stadium of the National Football League’s Detroit Lions.
• Representation of joint venture established to construct a $300 million hospital project.
• Representation of energy services contractor in multi-state construction projects including energy transmission, directional drilling and frac sand mining projects.

Contract Litigation

• Represented a contractor in a multiparty proceeding involving multimillion-dollar claims related to a performing arts center project, resulting in no out of pocket expenses for the claims.
• Represented construction manager in obtaining $5,000,000 judgment against owner who wrongfully terminated construction management agreement on $70,000,000 mid-rise condominium construction project.

Environmental Remediation

• Lead negotiator in the primary engineering, construction and remediation contracts for the $700 million Fox River environmental cleanup, the largest environmental remediation project in the history of Wisconsin.
• Representation of a major general contractor in Iowa municipal wastewater treatment facility environmental claims.

OSHA/MSHA

• Obtained a dismissal, with prejudice, of OSHA willful citations against a major telecommunications/utility contractor.
• Successfully negotiated with the Mine Health and Safety Administration (MSHA) on behalf of a major construction firm following issuance of willful citations under section 104(d)(1).

Wage Claims

• Successful defense of contractor in State of Washington prevailing wage dispute.