Construction Planning


Honigman’s Construction Planning Practice Group's approach to construction law is highly sophisticated and unique. Honigman practices construction law through two separate groups of attorneys, one within the Real Estate Department (the Construction Planning Group) and one within our Litigation Department. Through the coordinated efforts of attorneys experienced in real estate and litigation, we represent construction clients with maximum efficiency from the earliest point in the planning stages of a project through ultimate resolution of even the most complex claims. Our attorneys are knowledgeable in the many facets of the construction process and assist clients in developing a plan that minimizes legal risks.

Construction Planning Practice Group Services 

Clients turn to the Construction Planning Practice Group for advice on nearly every aspect of the construction process, including:

  • Planning and structuring relationships and negotiating contracts and agreements among owners, developers, architects, design consultants, contractors, construction managers, design builders, public entities, lenders, title insurance companies and tenants
  • Preparation of "front end" documents
  • Consultation regarding state, local and federal investment incentives and negotiation of incentives
  • Construction lending and disbursement
  • Construction administration
  • Bonding matters
  • Dispute and lien claim resolution
  • Coordinating construction and design agreements with zoning and land use laws, as well as coordinating relations among the client, the architect, the contractor, the lender, and major tenants
  • Preparation and negotiation of customized documents tailored to specific client and/or project needs
  • Preparation of "form" documents geared to the projects and financing typically undertaken by a client
  • Consultation regarding LEED-certification, design and construction issues under "green leases," design and construction of alternative energy production facilities for developments and other sustainability-related issues

Honigman's attorneys are experienced in all of the various construction delivery mechanisms, including fixed price, cost-plus and guaranteed maximum price general contracting, as well as construction management, multi-prime contracting, design-build, fast-track, partnering and hybrid mechanisms such as specialized preconstruction/construction arrangements. The combined construction and real estate experience of the Construction Planning Practice Group allows us to approach the construction program on a transactional basis in which the terms of the construction and design contracts are carefully coordinated with each other and all other agreements.

In addition, we have particular experience in the problems and requirements of government-financed projects with involvement on projects such as the Detroit People Mover; the Jefferson-Connor Industrial Revitalization Project in Detroit, Michigan; the Zilwaukee Bridge in Zilwaukee, Michigan; the Mazda Assembly Plant in Flat Rock, Michigan; and numerous public/private partnership projects and HUD and UDAG projects across the country.

We are also proficient in environmentally driven construction issues and possess extensive experience in areas of remediation of contaminated soil and river sediment, asbestos abatement, and treatment of underground storage tanks.

Litigation Services

The Construction Planning Practice Group and our construction litigation attorneys work closely in identifying, evaluating and minimizing litigation risks in connection with construction activities. When litigation or arbitration is unavoidable, attorneys from the Litigation Department take the lead by applying their construction experience and trial advocacy skills to gain the maximum benefit for our clients.

Our experienced litigators handle routine litigation problems such as construction lien suits for many owners, contractors and subcontractors. They are equally strong in complex and lengthy litigation matters. For example, our litigation team conducted one of the longest construction contract trials in Michigan court history. In the 10-month trial, our litigators successfully defended the owner of Detroit's Renaissance Center against a contractor's claim for extra payments, and actually won a recovery from the contractor for deficient performance.

We serve a broad range of clients, including owners, general contractors, construction managers, specialty subcontractors, architects, lenders, title insurers, manufacturers, retailers, wholesalers, health care providers, and office, retail and residential developers and builders. 

Representative Matters

Representative clients
  • General Motors
  • Rock Gaming LLC
  • Bedrock Real Estate Services LLC
  • Rocket Fiber LLC
  • Ford Motor Land Development Company
  • Mazda
  • Walbridge Aldinger Company
  • The Taubman Company
  • Schostak Brothers & Company, Inc.
  • Ramco-Gershenson Properties Trust
  • Sisters of Mercy Health Corporation
  • Village Green
  • Granger Group of Companies
  • McLaren Health Care Corporation
  • Wieland-Davco Corporation

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