Mission Statement

Balch & Bingham’s Construction Law practice group is dedicated to harnessing its spectrum of collective knowledge and experience to provide its clients with practical advice and dynamic service in the most cost-efficient, yet effective and aggressive manner possible to satisfy each particular client’s business needs and goals. Given the Firm's interdisciplinary Construction Practice, its members are well-equipped to advise and work on all phases of any construction project, from inception and financing to post-completion litigation and trial.

Overview

The Firm’s Construction Practice Group offers a full service menu for all aspects of construction activities and in doing so, represents owners, developers, governmental entities, general contractors, subcontractors, and material suppliers on a broad range of both transactional work and litigation including insurance coverage disputes, federal, state and municipal projects, highway and road construction projects, electric generating facility construction, solid waste dumps, gas stations, jails and prisons, structural defects, industrial projects, quarries, large automobile-manufacturing plants, industrial plants, interstate gas and petroleum pipeline projects, large commercial, shopping center and real estate developments, warehouses, churches, restaurants, office buildings, hospitals, condominiums, military bases, multi-family residences and homes. Moreover, Balch & Bingham has unparalleled expertise in advising our clients on immigration related compliance and responding to government project site raids.

Members

  • L. Conrad Anderson, IV
  • S. Allen Baker, Jr.
  • R. Bruce Barze, Jr.
  • M. Stanford Blanton
  • Charles A. Burkhart
  • James A. Byram, Jr.
  • Robert P. Fowler
  • M. Todd Lowther
  • James L. Noles, Jr.
  • William C. Reeves
  • Jeremy L. Retherford
  • Felton W. Smith
  • Spencer M. Taylor
  • Timothy J. Tracy

Litigation, Contract Negotiation and Dispute Resolution

We practice in the state and federal courts of Alabama, Georgia and Mississippi, in courts of other states, before state and federal agencies and administrative boards, governmental licensing boards, arbitration panels, and in mediation sessions. The Firm’s attorneys represent clients in a variety of capacities, including:

  • Ensuring compliance with bidding requirements and/or statutes;
  • Preparation and negotiation of contract documents that establish the relationships and responsibilities among all parties to the project;
  • Negotiating and preparing purchase or lease agreements;
  • Obtaining zoning approvals;
  • Negotiating loan commitments and loan documents;
  • Resolving title matters;
  • Avoidance or litigation of disputes that arise while projects are in process, including bond and materialmens' lien claims; and
  • Representation of construction clients involved in litigation, arbitration, mediation, or other avenues of dispute resolution.

Employment and Construction

Given the inextricable nature of construction law and employment law, the Firm enjoys the benefits of decades of experience in strategically and successfully handling employment issues that commonly arise in the construction industry such as ensuring clients’ compliance with state and federal immigration laws, responding to government subpoenas and project site raids, defeating union organizing campaigns, defending discrimination and harassment lawsuits, addressing OSHA inspections and alleged violations, and preparing contracts for temporary and other contingent employment arrangements. Over the years, Balch & Bingham has served as labor counsel to several clients in disputes before the National Labor Relations Board, with union representation of employees, and those facing unfair labor practice charges. As part of our preventative counseling for construction clients, the Firm also regularly advises clients as to their equal employment and affirmative action obligations.

Business and Organization Issues

Balch & Bingham attorneys work on traditional corporate and business issues encountered by construction clients, and regularly provide advice regarding project finance issues, business structure, risk allocation, and legal problems related to the growth of businesses.

Developer Services

Before any development project begins, appropriate planning, land use and zoning issues must be addressed. We routinely represent developers from the genesis of a project to its completion, including working with state and local governments and administrative agencies on zoning, special land use permit and variance approvals, annexation and deannexation of land, and adoption of zoning ordinances, text amendments and comprehensive plans. Our attorneys have represented developers in a variety of projects ranging from mixed use communities, residential subdivisions, large private student housing developments and multi-family communities to industrial parks, schools, quarries, and shopping centers.

Environmental Services

In today's regulatory climate, builders and developers routinely confront environmental issues before, during, and after a construction project. Some issues, such as opportunities for brownfields redevelopment, present positive opportunities for members of the construction industry if managed properly. Others, such as wetlands and coastal development permits, threatened and endangered species issues, and cultural and historical resources may become potential deal-breakers unless addressed efficiently and effectively by the developer's legal team. The Construction Law Practice Group works in concert with Balch & Bingham's Environmental and Natural Resources section (one of the largest in the Southeast) to help its clients to ensure that positive opportunities are maximized and that regulatory challenges are addressed and overcome.

Insurance Coverage Disputes

The Firm regularly handles insurance coverage analysis and litigation arising from construction defect claims. We have a significant depth of experience in litigating coverage disputes involving business risk exclusions found in standard liability policies, additional insured coverage and contractual indemnity provisions in state and federal courts. Our attorneys frequently lecture on construction defect insurance coverage to other lawyers and industry professionals.

APPELLATE DECISIONS

  • Jim Parker Bldg. Co., Inc. v. G & S Glass and Supply Co. Inc., 69 So. 3d 124 (Ala. 2011) (Involving contractor’s right to pursue claims against surety under Alabama’s Little Miller Act).
  • Qore, Inc. v. Bradford Bldg. Co., Inc., 25 So. 3d 1116 (Ala. 2009) (Affirming jury verdict for general contractor client against geotechnical company).
  • Racon, Inc. v. Tuscaloosa County, Burk-Kleinpeter, Inc., and TTL, Inc., 953 So. 2d 321 (Ala. 2006) (Affirming summary judgment for owner, Tuscaloosa County, on road contractor's delay, extra work, breach of contract and fraud claims).
  • Birmingham Southeast, LLC v. Valiant Ins. Co. (11th Cir. 2005) (unpublished) (Opinion affirming summary judgment for insured owner seeking additional insured coverage under contractor’s general liability policy for personal injury liabilities arising out of contractor's work).

REPRESENTATIVE CLIENTS

  • Alabama Power Company
  • Barber Companies, Inc.
  • BBVA Compass Bank
  • Bradford Building Company
  • Brasfield & Gorrie, LLC
  • Capstone Collegiate Communities, Inc.
  • Chemical Lime Company
  • Cornerstone Detention Products, Inc.
  • Cottage Builders, Inc.
  • Cypress Partners
  • Daniel Realty Company, LLC
  • Developers Diversified Realty
  • Enbridge Pipelines
  • G & S Glass and Supply Company, Inc.
  • Harbert Management Corporation
  • Hoar Construction
  • Jim Wilson and Associates
  • Lehigh Portland Cement Co.
  • Martin Marietta Materials, Inc.
  • Regions Bank
  • Rives Construction Company
  • Rockwell Automation, Inc.
  • Roy Anderson Construction Company
  • Saiia Construction, LLC
  • Sherman Industries, Inc.
  • TAMKO Roofing Products, Inc.
  • United States Steel Corporation
Contacts