DLA Piper

Helping you manage construction risk in a changing world.

With construction lawyers in 40 countries, we can advise you on transactional and contentious matters covering every project type and market, utilizing our industry insight and global perspective to maximize your success.

With the cost and complexity of construction increasing, project success can depend on the strategic advice you receive to move your plans forward and mitigate risk. We advise clients worldwide across virtually every asset type, jurisdiction, and risk profile.

Construction projects face numerous challenges. These include disrupted supply chains, rising material and manufacturing costs, labor shortages, and regulatory pressures. Technology means disruption as well as opportunity. A new recessionary cycle could bring solvency challenges to numerous project players. Whatever the context or project, we can help.

We’ve worked on projects in all major product types, including energy (renewables, oil and gas, nuclear), heavy civil infrastructure, transport infrastructure (road, rail, ports, airports), hotels and leisure, water and waste treatment, multi-family, distribution and cold storage facilities, stadia, industrial plants, office buildings, and mixed-use projects.

“DLA Piper is a fully integrated firm which is capable of leading a deal involving international matters. Its real estate and construction team has the highest level of expertise in the field.”

Client, Legal 500 2022

We advise owners, developers, investors, contractors and construction managers, multinational engineering and manufacturing firms, and governments on how to take projects forward. Our support extends from the first days of planning to contract negotiations, project advice, and resolution of claims and disputes. Our full-service integrated approach means we can call on colleagues as needed in areas including procurement, infrastructure, real estate development, finance, tax, and land use.

Our transactional work includes not only negotiated commercial development and construction contracts, but also preparation of government bids, complex P3 structure documents, and O&M contracts.

We also work to mitigate risks before issues become disputes. Should disputes take place, our team can advise on mediation, arbitration, and litigation. It includes first-chair trial lawyers in the US who are experienced in trying major disputes to verdict in court and to award in arbitration.

Our goal is to help you to deliver assets and infrastructure in an efficient and cost-effective manner, all the while managing risk and preventing disputes before they arise.

Awards and recognition

Experience

The Atlanta Braves in negotiating all design and construction contracts on behalf of the Atlanta Braves in connection with its joint venture with Truist Financial to build a new, 250,000 sq. ft. office building located only 300 ft behind Homeplate in the Truist Park baseball stadium at The Battery Atlanta.
Merlin Entertainment as sole legal provider for construction advice, including advising on all construction projects in the UK, Europe, Middle East and Asia Pacific. Our remit includes advising on all of Merlin’s new resorts, hotels and other brand attractions.
The owner of the World Trade Center site in Lower Manhattan in construction matters relating to its redevelopment, including two arbitrations, the last involving a claim in excess of USD3.5 billion for delay in the completion of infrastructure and turnover of development sites. Damage claim denied in its entirety.
A Dubai-based developer on a UNICITRAL arbitration concerning a USD500 million construction dispute relating to a large retail development in Dubai.
An industrial developer and large international real estate investor on the development and construction of a state-of-the-art refrigeration, packaging and distribution facility in Northern California that will serve the high-volume agricultural region producing vegetables for distribution all over the US.
International consortium BAM PPP/Eiffage/Berger Bau on its successful participation in the tender for the expansion and operation of a motorway section in Bavaria, Germany with a value of more than EUR1 billion.
Semco, a Denmark-based engineering and contracting company, in negotiating O&M (Operating and Maintenance) contracts in relation to its 800 MW Vineyard Wind 1 offshore wind project, located 15 miles off the coast of Martha’s Vineyard.
International EPC Contractor in claims totaling approximately USD100 million relating to delayed completion of chemical plant construction in Southeast Texas. Defended counterclaims of approximately USD80 million by the owner for delays and allegedly defective construction. Three-week hearing, tried to award resulting in an award exceeding USD40 million for the client, including attorneys’ fees and costs.
A Chinese contractor in bringing an SIAC arbitration against the Employer, with the arbitration seated in Singapore, in respect of a coal-fired power station (built pursuant to an EPC Contract governed by English law). The dispute relates to various claims including non-payment of project milestones and alleged defects.
The US subsidiary of an Italian cement manufacturer in a multi-week AAA arbitration relating to the construction of a new cement plant (USD500 million project value) alongside an existing, operating plant. Successfully defended against the contractor’s claim for more than USD50 million in additional costs relating to delays and alleged scope changes.
A multinational construction and engineering joint venture contractor in numerous adjudications and arbitrations (ICC Rules, seated in Singapore), arising out of a multibillion-AUD mega LNG project in northern Australia. The mandate comprised a diverse range of disputed issues including claims for scope changes, time and compensation under a reimbursable target costs regime. Multiple DLA Piper offices were engaged in proceedings, which included large-scale arbitrations, related court proceedings, and a long running and highly successful security of payment adjudication campaign.
Angola LNG Ltd as part of a project consortium including Sonangol, Chevron, BP and Total on the USD8.5 billion development and construction of an integrated LNG project, including export facilities in offshore Angola and import and regasification facilities on the Gulf Coast of the US.
A main works contractor on a delay, disruption and final account claim in relation to the design and construction of an offshore wind farm, using a novel foundation design for offshore wind farms.
A US multinational footwear, apparel and equipment corporation in connection with a major dispute arising out of the USD400 million construction of one of five buildings included in a headquarters expansion project which experienced significant delays.
Webuild S.p.A, CPB Contractors Pty Ltd, GS Engineering and Construction Pty Ltd and China Construction Oceania Pty Ltd, as the Design and Construction Contractor forming part of the Spark Consortium, on successfully reaching financial close on the AUD11.1 billion North East Link Primary Package PPP – the largest PPP in Australia.
An experienced group of investors and developers in connection with a joint venture with Bally’s Corporation in drafting and negotiating a development agreement and corresponding construction contract for a USD100 million casino project in State College, PA, involving land-based gambling, sports betting, and gaming operations.
Equinix on the construction and extension of a data center near Paris, including advising on planning issues and the drafting and negotiation of the construction contracts.
AECOM Capital and joint venture partner Combined Properties with respect to ongoing matters involving the USD300 million Sunset Time mixed-use development in West Hollywood, CA. The Project includes a new Pendry hotel, retail space and a separate condominium building having the most expensive condos in the LA market right now. In addition to the transactional work, we have been engaged to review potential design negligence claims, and ongoing change order and delay claims by the Project contractor arising out of COVID-19 and resolving a few substantial subcontractor lien claims that arose towards the end of the Project.
The Ministry of Transport of an Eastern European government in relation to an ICC arbitration arising from a FIDIC contract for the construction of a new airport. Issues involved variations, delay, disruption, extension of time, alleged compromise and conflict between the FIDIC form of contract and the local law.