Miller Canfield has a comprehensive international construction practice which assists clients with their construction projects and real estate developments. Our lawyers help guide projects from blueprints to the ribbon-cutting, for clients including multi-national manufacturers, international retail conglomerates, school districts and institutions, developers, contractors and complex public-private partnerships.
Miller Canfield’s Construction team represents local, regional and national developers and institutions using a multi-disciplinary approach to ensure that the transaction structure ultimately utilized best meets our client’s financial and operational business objectives. In short, the elements of the transaction are not only well-understood, but addressed in a coordinated, comprehensive and cost-efficient way.
Among the ways we’ve helped developers are:
- Development of shopping centers, office buildings, hotels, casinos, industrial and mixed-use facilities, medical/hospital facilities, and single and multi-family housing
- Bidding and bid protests
- Certification requirements
- Property management
- Permitting and land use issues
- Design and construction contract issues, including drafting and negotiating, restructuring agreements, architect agreements
- Development and redevelopment of specialty projects including theaters, restaurants, hotels, sports arenas and facilities and retail components
- Regional malls and neighborhood shopping centers, including major supermarkets and drugstores
- Residential subdivisions
- “Green” (LEED-compliant) development
- Brownfield development
- Economic incentives
- Government contracts
- Environmental and OSHA regulations
Employment and Labor
Miller Canfield has a nationally recognized Employment and Labor group that provides service to construction industry clients. Our employment litigation lawyers have been ranked in the top 18 groups in the country by a survey of corporate and in-house counsel in several industries. We also are nationally ranked by U.S. News and World Report/Best Lawyers for our service in the traditional labor law arena.
We advise clients with all employment issues, including labor relations, harassment and discrimination litigation, wage-and-hour (FLSA) and accommodation claims (FMLA and ADA), worker's compensation, OSHA regulations and employee benefits. We also provide human resources training to help clients to avoid disputes before they occur.
Our finance lawyers assist public bodies, private companies and financial institutions with investment, acquisitions, development and construction financing. Our experience spans:
- Economic incentives such as New Market, Historic Rehabilitation and/or Brownfield Redevelopment tax credits
- Traditional lending criteria
- Surety and bonds
- Public-private partnerships (P3)
Litigation and Dispute Resolution
Whether your dispute is in state or federal court or before an arbitrator, Miller Canfield construction litigators have handled the most complex disputes involving claims relating to scope changes and additions, differing conditions, design and construction defects, delays and impacts, acceleration, interference, trade stacking, and contract termination.
We have represented many universities and other public entities, public utilities and private owners. We have represented national general contractors and construction managers in resolving claims a wide variety of projects, hospitals, power plants, high rise office and hotel towers, and sports venues, including an MLB ballpark and indoor NFL stadium.
Our areas of expertise include payment and performance bonding, sureties and insurance coverage issues. We also have experience relating to construction loan defaults, receiverships, and construction lien enforcement and defense.
Our lawyers assist clients with the acquisition, leasing and development of real estate anywhere in the world, with significant experience in Poland and the E.U., China and throughout North America.
In Poland, we provide the following services to clients:
- Due diligence investigation of the property’s legal status
- Prepare and negotiate the contract of sale, including contracts with communal organizations and the State Treasury
- Supervise the course of proceedings to obtain the necessary permits and decisions to commence construction
- Provide legal opinion on construction agreements (according to the FIDIC regulations)
- Structure optimal solutions to foreign investors to acquire real property in Poland
- Provide assistance to foreign investors during administrative proceedings to obtain the necessary permissions from Polish authorities to purchase real property
- Structure and manage the steps necessary to acquire real property, including the creation of investment trusts and special purpose vehicles
Our China Practice Team helps corporate clients with all of their Chinese real estate issues including:
- Obtaining land use right in China or to rent a property
- Advising manufacturing companies and real estate developers in their commercial, industrial or residential property construction and development.
- Real estate M&A transactions.
We advise clients with respect environmental compliance matter, conduct environmental law due diligence; negotiate and draft environmental law related contracts and agreements; represent clients in environmental impact assessment, consent and permit proceedings and disputes related to environmental prosecutions.
As the real estate industry continues to evolve internationally, so grows a company’s need for lawyers experienced in handling international disputes. Miller Canfield’s International Disputes Practice Group has considerable experience resolving construction disputes in international forums. One of our lawyers wrote a two-volume, how-to guide for practitioners handling international construction arbitrations.