There is more to structuring a construction project than knowing the difference between an AIA and EJCDC contract form. Just as important is understanding the client’s needs and negotiating position – and assembling a framework that makes sense not just from a legal perspective but also from a business perspective. On one side of the spectrum, this can mean involvement on a fairly limited basis, such as conducting a project risk assessment based on a review of existing contract documents. On the other end of the spectrum, Baker & Daniels lawyers partner with clients literally as members of the project team from the inception – with involvement in important activities as varied as real estate acquisition and financing, choosing a project delivery method, creating an OCIP or CCIP program, drafting a project labor agreement, developing a bonding strategy, writing a safety manual or creating the many interconnected project documents and manuals.
Construction Insurance
Baker & Daniels professionals represent contractors and owners in the full range of disputes arising from insurance contracts. We are often called on to force property and casualty insurers to honor their coverage obligations, including work site injuries, wrongful death suits and losses allegedly caused by defective work or negligent subcontractors. We negotiate, arbitrate and litigate against insurers to secure coverage for policyholders, large and small. We also have represented owners and contractors to draw on performance bonds and recover when others failed to provide the insurance coverage their construction contracts required.
Construction Safety
Despite great improvements, construction remains one of the most hazardous industries in which to work and, therefore, a frequent target of government safety and health inspections. Baker & Daniels lawyers have significant experience in construction-related safety and health matters.
For many years, a Baker & Daniels lawyer has served as safety counsel to the Associates General Contractors of Indiana (now the Indiana Contractors Association). In that capacity, we advise the ICA and its members on new rules, such as steel erection cranes and derrick and the application of OSHA's multiemployer liability policy for construction sites.
Baker & Daniels lawyers frequently become involved in the investigation and resolution of construction related fatalities and accidents. We assist from beginning to end – in investigating the cause, dealing with media and government investigators, and with the citations and lawsuits that inevitably follow. We assist many construction contractors in designing construction contracts and safety programs to minimize liability. Our experience ranges across the spectrum of construction, from underground trenching to steel erection and everything in between.
Construction Labor and Employment
Baker & Daniels lawyers understand the labor challenges unique to construction projects. We represent construction owners, managers and contractors throughout the country in all aspects of labor and employment law, including collective bargaining and administration of collective bargaining contracts, employment litigation, employment discrimination issues and day-to-day administration of employee relations.
Our lawyers work tirelessly to assist our clients in maintaining union-free projects and workplaces. Additionally, Baker & Daniels concentrates on the full range of employee benefits law – from plan design to litigation, from health insurance to stock options and from corporate finance to union disputes.