At Gausnell O’Keefe and Thomas, we recognize that a successful construction project begins long before the first brick is laid. It starts with a solid foundation of well-drafted contracts, strategic negotiations, and meticulous planning. The deep industry knowledge and claim resolution experience we bring to the table is a significant asset to our clients navigating these contract formation issues. Our team of experienced attorneys is dedicated to providing comprehensive transactional services that identify risks, protect your interests and facilitate smooth project execution.
Secure your project’s success from the start. Contact Gausnell O’Keefe and Thomas today to discuss how our tailored construction contract and transaction services can protect your interests.
Review and Drafting by Construction Contract Attorneys
Navigating the complexities of construction contracts can be challenging. Our lawyers offer expert guidance in reviewing and drafting a wide range of contractual agreements, including:
- Construction Contracts: Ensuring clarity and fairness in agreements between design professionals, owners, contractors, and subcontractors.
- Design Agreements: Protecting the interests of design professionals, architects and engineers while aligning with project goals.
- Supply and Procurement Contracts: Securing favorable terms for materials and equipment essential to your project.
- Subcontractor Agreements: Defining scope of work, roles, responsibilities, and expectations to minimize risks.
Our experience drafting hundreds of contracts, strategic use of Artificial Intelligence, and attention to detail helps prevent disputes and sets the stage for successful project completion.
Negotiations
Effective negotiation is critical to achieving favorable terms and mitigating potential conflicts. Whether there are issues relating to termination, payment, a need to explore statutory rights such as mechanics’ liens, or other claims presentation, our construction transaction lawyers represent clients in all phases of negotiation, striving to:
- Maximize Value: Obtain terms that align with your objectives and budget.
- Minimize Risk: Identify and address potential liabilities before they become issues.
- Foster Relationships: Maintain positive working relationships with all parties involved.
Our goal is to secure resolutions that are not only legally sound but also conducive to collaborative project environments.
Claims Presentation
In the event of disputes or project challenges, timely and strategic claims presentation is crucial. Our services include:
- Claims Preparation: Assisting in the development of claims related to delays, scope changes, or unforeseen conditions.
- Documentation and Analysis: Compiling necessary evidence and evaluating the merits of claims.
- Advocacy: Representing your interests in negotiations, mediation, or arbitration to seek optimal resolutions.
We work diligently to resolve issues efficiently, allowing you to stay focused on your project.
Why Choose Gausnell O’Keefe and Thomas
Our firm brings a wealth of knowledge, depth of experience in all aspects of contracts and claims, and a proactive approach to construction law:
- Industry Expertise: Deep understanding of the construction sector’s unique legal challenges, and decades of dispute resolution experience which guides our proactive approach.
- Customized Solutions: Tailored strategies that reflect your specific needs and project objectives.
- Collaborative Approach: Working closely with you to ensure alignment and transparency throughout the process.
Get Started with Construction Transactions and Contracts Today
Secure the success of your construction projects with legal support you can trust. Contact Gausnell O’Keefe and Thomas to learn how our construction transaction and contract lawyers in St. Louis can benefit your next venture.
Frequently Asked Questions
What are common red flags in construction contracts that can lead to project disputes?
We have expertise identifying and drafting favorable terms that address some of the main issues in contract formation, which include:
- Ambiguous Scope of Work: Vague or poorly defined project scope can result in misunderstandings about responsibilities and deliverables.
- Unclear Payment Terms: Lack of detailed payment schedules or conditions, such as “pay if/and when paid” provisions, can lead to disputes over when and how much is owed.
- Unbalanced Risk Allocation: Contracts that disproportionately assign risk to one party can create unfair burdens and potential conflicts.
- Restrictive Change Order Provisions: Unreasonable limitations on change orders can hinder necessary project adjustments and cause disagreements.
- Unfavorable Termination Clauses: Terms allowing only one party to terminate the contract without adequate notice or cause can be problematic.
- Inadequate Dispute Resolution Mechanisms: Absence of clear procedures for resolving disputes can prolong conflicts and increase costs.
- Broad Indemnification Clauses: Overly expansive indemnity requirements can expose parties to significant liabilities beyond their control, and may exceed what is allowed by local law.
- Unrealistic Insurance Requirements: Demanding insurance provisions may be burdensome or unattainable, causing compliance issues.
How can contract attorneys help manage the risks associated with design changes during a project?
No set of drawings and specifications are perfect, and inevitably there will be revisions, edits and changes. However, stakeholders often expect perfection and seek cost recovery against designers at the end of the job for every “error or omission.” This issue should be addressed at contract formation so as to minimize claims and manage expectations later.
- Standard of Care Properly Explained: Managing expectations is often the biggest risk and most often overlooked way to minimize claims. Properly defining the standard of care, and the responsibility of the designer to address errors and omissions can reduce claims significantly.
- Drafting Comprehensive Change Order Provisions: Attorneys create clear procedures for requesting, approving, and implementing design changes, ensuring all parties understand the process and their obligations.
- Risk Allocation and Responsibility Definition: Identifying which parties are responsible for costs, delays, and liabilities arising from design changes, reduces ambiguity and potential disputes.
- Incorporating Flexible Contract Terms: Ensuring there are appropriate clauses that allow for adjustments in scope, timeline, and budget, providing a legal framework to accommodate necessary changes without derailing the project.
- Establishing Communication Protocols: In addition to managing expectations, communication is critical. Contractual requirements for timely notification and documentation of design changes helps ensure all stakeholders are informed and can respond appropriately.
- Implementing Effective Dispute Resolution Mechanisms: Including mandatory mediation or arbitration clauses specifically for design change issues helps to efficiently resolve conflicts and maintain project momentum.
What role does Artificial Intelligence play in modern construction contract drafting and negotiation?
Artificial Intelligence (AI) cannot replace decades of dispute resolution, risk management and trial or arbitration experience, however, it is an excellent tool for increasing efficiencies, contract issue spotting and drafting efforts. Gausnell, O’Keefe and Thomas is on the cutting edge of utilization of these AI tools, which brings incredible value to our clients. Ai helps us with:
Automated Contract Analysis and Risk Identification: AI tools rapidly analyze contracts to pinpoint potential risks, inconsistencies, and unfavorable terms, allowing attorneys to address critical issues efficiently.
- Enhanced Drafting Efficiency and Accuracy: AI-powered drafting software suggests relevant clauses and standard language, streamlining the contract creation process while reducing errors and ensuring compliance with legal standards.
- Predictive Analytics for Negotiation Strategy: AI systems analyze data from past contracts and negotiations to forecast outcomes, helping attorneys develop informed strategies and anticipate opposing parties’ positions.
Why Choose Us?
Quality
The quality of our work comes from years of experience, knowing what works and out-working our opponents to get the job done.
Professionalism
The lawyers of GOT place respect for the courts, the Bar and the legal profession as their highest obligation.
Experience
Together, the founders of GOT have tried nearly 250 jury trials to verdict. With that level of experience comes an entirely different perspective on civil litigation which few other firms can match.
Honors
Recognized by Martindale-Hubbell, the gold standard in attorney ratings, as AV rated, their highest ranking for strong legal ability and high ethical standards, along with Best Lawyers and Super Lawyers as top performers in their fields.
