Accomplished | Experienced | Knowledgeable

Construction

Galbut Beabeau's construction attorneys have the industry expertise and experience to effectively guide clients through every step of a construction project – from inception, licensing, and financing to construction, operation, and sale. Our clients range in size and across industries, and include owners, developers, general and subcontractors, architects, engineers, construction suppliers, and other real estate professionals involved in both commercial and residential real estate development. We understand Arizona's construction industry, its legal and business aspects, and its key players. 

Recognizing that each build is unique, we are committed to understanding your construction project from every perspective in light of your overarching personal or business objectives. With this blueprint in mind, we provide proactive, personalized counsel that focuses on risk management, value creation, and practical problem solving.

Our firm emphasizes the importance of dispute prevention and early conflict resolution to help you stay on schedule and on budget, while preserving important business relationships. When necessary, we defend and pursue an array of construction-related claims in litigation and arbitration. This diversity of experience enables our construction attorneys to better understand how to help our clients avoid disputes and how to win disputes that cannot be avoided. 

We have helped clients across industries with projects including custom homes, multifamily complexes, retail centers, office buildings, medical offices, and hotels.

Construction Transactions and Licensing 

We are attentive to clients’ unique construction goals and work with them to strategically plan their projects, including advising on entity structure and formation, financing, insurance, and workplace policies. Our construction attorneys leverage their deep industry knowledge to strategically draft and negotiate project documents to maximize a client’s value and guard against potential litigation exposure.

We also assist with all legal aspects of the contractor registration and licensing process through the Arizona Registrar of Contractors (ROC), including applications, account maintenance, business name availability, bonding, and more.

Proactive Advocacy and Project Administration 

Construction projects require the coordination of a network of industry participants, including owners, developers, contractors, architects, suppliers, lenders, and others. Unfortunately, these participants’ interests are not always properly aligned. Our attorneys are knowledgeable in the functional aspects of construction projects, and utilize proactive advocacy and project administration to ensure proper alignment between interested parties.

We fully appreciate the budgetary constraints, workmanship requirements, timelines, and other project management challenges inherent in construction projects. We advocate for transparency and accountability among owners and building professionals, and are singularly focused on streamlining the construction process to protect clients’ interests and advance realization of their project goals.

When problems arise during construction, our attorneys work to expeditiously resolve issues to help ensure adherence to project timelines, budgets, and other contract requirements.

Construction Litigation and Arbitration

Our team has a tradition of successfully defending, prosecuting, and arbitrating complex claims on behalf of a wide range of parties involved in the construction project lifecycle. We diligently assess client disputes at the outset to determine the most productive path toward resolution, including leveraging our strong relationships with seasoned private building inspectors and other experts to identify optimal damage mitigation strategies. Our construction expertise includes litigating and arbitrating:

  • Bid challenges
  • Breach of commercial and residential contracts
  • Breach of fiduciary duty by contractors, architects, and other building professionals
  • Construction defect, warranty, and workmanship claims 
  • Defective materials and equipment
  • Delay and disruption
  • Environmental hazards
  • Fraud and misrepresentation
  • Inadequate and uncoordinated project management
  • Incomplete or defective design
  • Insurance and surety disputes and claims
  • Lender deficiency claims
  • Mechanic's liens, materialman's liens, and bond claims
  • Prompt-pay claims
  • Purchaser Dwelling Act
  • Registrar of Contractors (ROC) consumer complaints
  • Registrar of Contractors (ROC) administrative hearings
  • Safety violations
  • Unjust enrichment claims
  • Warranty of specification suitability

Residential Construction Fraud

The incredible volume of residential construction in Phoenix and other growth markets has unfortunately been accompanied by an increase in construction fraud.  Construction fraud manifests in many ways, including excessive charges to trusting homeowners and the concealment of self-dealing and conflicted relationships among contractors, sub-contractors, architects, and other professionals.

Our construction attorneys are skilled and well-versed in litigating the variety of related claims that are usually implicated in construction fraud disputes with general contractors, architects, and insurance carriers in the custom home space. We draw on our extensive experience in residential real estate transactions, complex commercial litigation, and management services and the strength of our network of prominent construction advisors, forensic accountants, and construction expert witnesses to secure value-added results for our clients.