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WEEK June 23–27 June 14–18 June 13 - 17 legislative.abc.org CHAPTER 2019 2020 PRESIDENTS Seattle Minneapolis MANAGEMENT July 30–Aug. 1 July 28–30 CONFERENCE cpmc.abc.org 2019 Dallas, Texas May 15–17 userssummit.abc.org Executive Insights | 2019 Labor Agenda Drug and Alcohol Policies | Code of Ethics S Immigration Compliance 2019 2021 2022 San Antonio North Miami, Florida San Diego, California LEADERSHIP Nov. 10–14 Nov 7 – 11 Nov 13 - 17 INSTITUTE 2020 Scottsdale, Arizona Nov. 8–12 leadership.abc.org The Top 50 Construction Law Firms®: Keeping a Sharp Eye on the Contract BY CYBELE TAMULONIS ith the explosion of Most Common Areas of With proper representation, a new technologies in Construction Law Practiced construction fi rm can usually get to construction, changes to (% of fi rms reporting) an equitable solution quickly. “Pre- contract documents, and litigation, during litigation, even the growing challenge Dispute Resolution (DR) post-litigation or during an appeal, Wposed by an ever-increasing 99.2% an opportunity may arise to get number of state and federal laws and Construction Defects (DF) something settled, and the earlier, the regulations, contractors need expert 98.4% better,” Chambers says. legal advice more than ever to manage Burke Robinson, partner and Contract Documents (CD) risk and protect profi ts. co-founder at Long & Robinson, Law fi rms specializing in construction 97.6% notes, “ e trend at our fi rm in recent have the unique industry experience Construction Transactions (CT) years has been to litigate contract essential to guide their clients through 93.6% disputes and prevent language in a complex maze of compliance and contracts that limits dispute resolution Government Contracts (GC) contracts to ensure the health of the to arbitration.” With written discovery, 88.8% construction enterprise. depositions, subpoenas, and live For this inaugural ranking, CE Surety Bonding (SB) evidence given at scheduled hearings, reached out to hundreds of law fi rms 79.3% arbitration often requires the same throughout the United States with a Labor and Employment (LE) demands of a lawyer as litigation. dedicated construction practice to fi nd Law fi rms that manage contract 76.1% out who the leaders are, and what legal administration are increasingly issues are keeping them busy. Public-Private Partnerships (P3) in high demand. Contractors are Contract dispute resolution was 72.2% turning to lawyers for assistance in the most heavily practiced area of Mergers and Acquisitions (MA) accessing the real-time impact of job construction law, with more than 99% 60.3% changes, delays and cost overruns in of fi rms involved. Achieving a speedy order to keep projects on track and and effi cient outcome when disputes International Construction (IC) avoid potential claims. arise is a top priority for construction 46.8% Contract documents that enforce fi rms looking to prevent project delays payment are a growing concern. “We and avoid expensive litigation. IN 2018, THE TOP 50 address that on the front end by “A signifi cant concern that’s always negotiating and drafting essential and front and center in the client’s mind CONSTRUCTION LAW FIRMS enforceable contract language,” Burke is the pace and cost of resolving BROUGHT IN A REPORTED $585 says. “We also protect and enforce disputes,” says Bob Chambers, our client’s mechanic’s lien and surety partner at Smith, Currie & Hancock. MILLION IN CONSTRUCTION bond rights. And where appropriate, “We address this by looking at PRACTICE REVENUE WITH AN we’ve become very specialized in multiple opportunities as they progress identifying and taking advantage of all through alternative dispute resolution AVERAGE YEAR-OVER-YEAR available insurance coverage to address eff orts or other legal procedures.” INCREASE OF 8.98% a particular loss.” EXECUTIVE | JUNE 2019 Methodology for The Top 50 Construction Law Firms CE developed The Top 50 Construction Law Firms ranking by asking hundreds of U.S. construction law fi rms to complete a survey. The data collected included: 1) 2018 revenues from the fi rm’s construction practice; 2) number of attorneys in the fi rm’s construction practice; 3) percentage of fi rm’s total revenues derived from its construction practice; 4) number of states in which the fi rm is licensed to practice; and 5) the year in which the construction practice was established. The ranking was determined by an algorithm that weighted the aforementioned factors in descending order of importance. Note: A sizeable number of law fi rms elected not to share revenues, which affected their ranking. On page 37, CE has provided additional breakouts, such as “Law Firms With Most CONSTRUCTION Construction Attorneys,” which includes many of the fi rms that chose not to report revenues. For more information, contact [email protected]. 36 SPECIAL ADVERTISING SECTION Joshua Quinter, senior construction project delays, quality issues and safety counsel at Offi t Kurman, agrees. “ e concerns. “ ere is pending legislation #1 Peckar & Abramson most common issue our clients have on apprenticeship ratios, training is getting paid for their work. While and other issues that will impact the there is capital to build projects, market,” Quinter notes. “Failing to cash fl ow remains tight for many manage safety in situations where owners and contractors. We deal people could get injured can end up with this in how we structure our being a big deal.” clients’ contracts, encouraging them Businesses that retain counselors to actively manage their A/R, and experienced in the unique aspects LARGEST CONSTRUCTION not wait to take action if they aren’t of construction law are more likely LAW PRACTICE* getting paid.” to come out ahead when a contract *Based on 2018 Revenues Law fi rms are also paying attention dispute arises. As the saying goes, an to the industry-wide labor shortage. ounce of prevention is worth a pound “Clients are experiencing one of the of cure. e legal ramifi cations of a #5 K&L Gates LLP strongest construction markets we’ve poorly worded contract, failing to keep ever seen in the United States—with a track of new employment and safety workforce that is depleting as quickly laws, and many other risks can easily as technology is progressing,” notes be avoided with a capable construction Steven M. Charney, chairman of law fi rm in the contractor’s corner. Peckar and Abramson. As contractors reach out to a less Cybele Tamulonis is marketing manager experienced workforce, there is a at MagazineXperts. For more information, corresponding increase in risk for email [email protected]. MOST CONSTRUCTION Top 10 Law Firms Ranked by Number of Construction Attorneys ATTORNEYS K&L Gates LLP 149 Peckar & Abramson 110 #19 BakerHostetler Goldberg Segalla 100 Fox Rothschild LLP 74 Cokinos|Young 69 Smith, Currie & Hancock LLP 65 Adams and Reese LLP 65 Greenberg Traurig 61 LICENSED TO PRACTICE Watt Tieder 55 LAW IN THE MOST STATES Clark Hill PLC 54 25 50 75 100 125 150 #34 Lane Powell KEY: 1Number of states where the fi rm is licensed to practice law, including Washington, D.C. and .COM Puerto Rico. 2Areas of practice are abbreviated: Contract Documents (CD), Construction Defects (DF), Construction Dispute Resolution (DR), Construction Transactions (CT), Government Contracts EXEC (GC), International Construction (IC), Labor and Employment (LE), Mergers and Acquisitions (MA), Public-Private Partnerships (P3), Surety Bonding (SB) 3Percentage of overall fi rm revenues that its construction practice represents. (-) Not provided. The Top 50 Construction Law Firms is a registered trademark of Magazineperts, LLC. OLDEST OPERATING CONSTRUCTION LAW PRACTICE CONSTRUCTION SPECIAL ADVERTISING SECTION 37 3 2 DEEP ROOTS. WIDE REACH. 1 Areas of Practice Rank Firm # States Admitted to# O ce Locations # Firm Attorneys # Firm Employees # Construction Attorneys# Construction PartnersConstruction Practice as BIG IMPACT. Year Founded Practice (U.S. | International) % of Total Firm Revenues Peckar & Abramson CD, DF, DR, CT, GC, 1 1978 18 10 | 0 112 99 110 60 95.3 River Edge, NJ IC, LE, MA, P3, SB Since we first put down roots in 1870, Bradley has been growing to serve our clients better. With more than Holland & Hart LLP CD, DR, CT, GC, LE, 2 1947 9 15 | 0 438 900 43 26 14.58 500 attorneys and 10 offices strategically located across our footprint, we provide business clients around Denver, CO MA, P3 the world with a full suite of legal services in dozens of industries and practice areas. Our clients rely on us Cokinos|Young CD, DF, DR, CT, GC, 3 1989 4 5 | 0 75 130 69 28 100 for innovative solutions, dependable responsiveness and a deep commitment to success. Houston, TX IC, LE, MA, P3, SB Bradley Arant Boult Cummings LLP CD, DF, DR, CT, GC, 4 1870 33 10 | 0 520 923 53 34 11.34 Birmingham, AL IC, LE, MA, P3, SB K&L Gates LLP CD, DF, DR, CT, GC, 5 1946 38 24 | 21 1,816 3497 149 90 2.98 Pittsburgh, PA IC, LE, MA, P3 Smith, Currie & Hancock LLP CD, DF, DR, CT, GC, 6 1965 21 7 | 0 65 109 65 34 95 Atlanta, GA IC, LE, P3, SB Watt Tieder CD, DF, DR, CT, GC, 7 1978 5 5 | 1 55 140 55 15 100 9 55 24 Chicago, IL IC, P3, SB Years Ranked Nationally in Tier 1 Construction Practice Construction Lawyers Recognized Cohen Seglias Pallas Greenhall