Construction Law



Construction Law

Since the inception of the highway system in the State of New Jersey, Connell Foley has enjoyed a well-deserved reputation as the leading construction law resource in the region.  A founding firm partner served as counsel to the authority that built the Garden State Parkway, and the Association of General Contractors of the State of New Jersey has relied upon the firm as the organization’s general counsel for over thirty years.

Simply put, our lawyers understand the diverse challenges and risks faced by the construction industry. We guide owners and contractors through the myriad of issues that arise during the planning, design, construction, and operation of virtually every type construction project.

Diverse Clients

We represent the full range of construction industry participants, including governmental entities, owners and developers, public utilities, general contractors, subcontractors, suppliers, design and engineering firms, sureties, and guarantors.

A Spectrum of Services

We have more than 60 years of comprehensive construction law experience. Our lawyers routinely provide advice and counsel; draft, review and negotiate contracts; analyze, prepare, prosecute, and defend contract claims; mediate or arbitrate; and litigate at both the trial and appellate levels. Our lawyers are also regarded as leaders in the field of construction law, speaking at construction-related conferences, writing articles for publication, and conducting client seminars.

Our legal services fall within the following comprehensive categories:

Contract Formation and Transactions

Connell Foley’s construction attorneys are skilled in drafting and examining the details of all forms of agreements, such as turnkey agreements, general construction contracts covering contractors and subcontractors, and construction, design, and facilities management retention agreements. We also handle all documentation relating to the formation and dissolution of partnerships, joint ventures, and corporations, including drafting operating, shareholder, or management agreements. Our attorneys can address discrepancies and help maximize opportunities in various other construction transactions involving condominiums, commercial and retail leases, property management, subdivision and development, TIC agreements and Section 1031 exchanges, and protection of confidential or competitively sensitive information. The primary goal of our broad array of contract and transactional services is to help our clients control risk, meet schedules, and minimize overall project costs.


Contract Administration and Performance

Connell Foley’s deep bench of experienced, knowledgeable, and talented lawyers ensures consistency of communications and effective resolution of all business, technical, and legal concerns during the course of a project. Our clients benefit from skilled construction, finance, real estate, and corporate attorneys who can provide counsel on the terms of project financing and assure risk is properly assessed. We provide advice on a wide range of project needs, including cost accounting and management, insurance policies, payment issues and non-performance, labor-related problems, or takeover agreements.


Construction Claims and Disputes

Our Construction Law group addresses construction claims and disputes with an eye towards an economical and fair result. We have unsurpassed experience in Alternative Dispute Resolution (ADR), having mediated and arbitrated disputes to successful conclusion across hundreds of cases. We routinely handle motions to compel arbitration and file proceedings to enforce awards. Our team includes designated arbitrators by the American Arbitration Association and New Jersey Construction Advisory Council of the American Arbitration Association. When alternative resolution is not possible, our attorneys have exceptional experience litigating complex, technical construction claims in trial and appellate courts at state and federal levels, as well as administrative tribunals.

  • Defective or Improper Design and Construction

Our construction team includes engineers and attorneys with years of experience in design and construction, enabling us to assess technical issues and direct the most appropriate resources to each client’s case. From building structure problems, such as cracked foundations, to poor workmanship that has resulted in leaking windows and roofs and to code violations or personal injury matters, we thoroughly review each construction defect case for its potential for litigation, and we work with many recognized forensic experts to investigate the cause of construction and design defects. 

We have extensive experience with complex litigation matters arising from large construction projects involving major roads, tunnels and bridges, water treatment facilities, energy facilities, garages, and all types of structure and infrastructure projects. Our experience allows us to explore relevant legal theories in arbitration and litigation, including breach of contract, breach of implied warranties, negligence, and fraud/negligent misrepresentation.

  • Change Orders

Our team works with clients to prepare for, address, and negotiate discrepancies between project bids and project costs, including changed or unforeseen conditions, and to respond to requests for equitable adjustments related to all kinds of construction projects.

  • Construction Delay, Acceleration, and Disruption Claims

Our Attorneys are well versed in handling claims for changed or unforeseen conditions, delays, disruptions, loss of productivity, and acceleration. We work closely with experts and consultants to maximize claims or minimize risk.

  • Construction Accidents – Structural Failure and Collapse

Connell Foley attorneys in the construction law practice group are recognized by the legal community for their skill and legal acumen in dealing with accidents and other crisis management issues that could potentially involve state, local, and federal regulatory agencies.


Bid Protests

Our knowledge of state, local, and federal bidding laws and procedure allows us to be advocates for our clients and to effectively pursue bid protests and related litigation.


Distressed Project, Lien Filings, and Foreclosure Intervention

Our construction law practice group integrates resources with banking and financial backgrounds, and experience with bankruptcy, foreclosures, and other financial complexities that put completing projects at risk, and strategize and find creative ways to evaluate options for:

  • Construction contract retainage and contract balances
  • Construction or Mechanics’ Lien avoidance, judgments, and release
  • Contract assumption or rejection of contracts and subcontracts
  • Project termination
  • Securing the work site, equipment, or materials
  • Workout loan negotiation and bond enforcement
  • Executory contracts with bankruptcy trustees or debtors-in-possession
  • Preferential or fraudulent transfer in bankruptcy


Default/Termination and Surety Claims

With years of experience litigating claims involving contractor and subcontractor default terminations – and with the know how to address the subtle nuances of highly technical and complex language of insurance coverage policies and bond forms – our attorneys adeptly handle numerous payment and performance bond claims and default or termination of bonded contractors.


Environment and Green Building Construction

Combining our up-to-date green building and general real estate knowledge with our expertise in construction law and industry practices, we are uniquely suited to counsel our clients on alternatives available to address sustainable/high energy efficiency/green building design and construction.