Litigation and Dispute Resolution
Claims are a reality for design professionals in the construction industry. Every project is different, every claim is different, and every client is different. We approach each new matter with an open mind, drawing on our decades of experience in the construction industry to identify a tailored strategy for each situation.
At our core, we are trial lawyers. We understand the dedication necessary to develop a case through the discovery process. We understand the planning that goes into an effective deposition. We understand the preparation necessary to be effective at trial. We understand how to simplify the design and construction industry for a jury.
We also understand that not every client is looking for vindication in a courtroom. We begin every engagement seeking to understand how our client defines success, so that we may vigorously pursue that objective.
Business Counseling
Design firms encounter a variety of day-to-day issues, some of which are typical of most businesses and some of which are unique to the industry. Lee/Shoemaker PLLC advises design professionals on corporate formation and structuring, firm licensure, employee manuals and other employment matters, copyright, insurance issues, and internal ownership transitions. Lee/Shoemaker PLLC actively participates in industry organizations to stay up-to-date on the latest trends/issues affecting the business of design professionals.
Risk Management
Successful design professionals implement effective risk management practices in order to focus on creation of the built environment and avoid the distraction and expense of a lawsuit. We understand that negotiating contracts is one of the less glamourous aspects of operating a successful design firm. We also understand that our clients recognize that negotiating contracts with appropriate risk management provisions is critical to the long-term health of their business.
We understand the unique risks faced by design professionals, different approaches to manage those risks, and what the market will bear when negotiating professional services agreements. We work with each client to identify the right contract form for the specific engagement, taking into account the project delivery structure and the complexity of the project, and provide context for the risk management provisions we recommend be included in the contract.
We draw on our industry experience to provide constructive and cost-effective solutions for contracts. We recognize the investment that goes into effective negotiation of a contract, and pride ourselves on the value we provide our clients.
Mergers and Acquisitions
There are multiple variables affecting the sale/purchase of a design firm. How should the fair market value of the design firm be calculated? How soon does the seller want to retire? What obligations, if any, will the seller have following the sale? How will the sale be funded? How long will the buy-out last? What impact will the sale have on the future of the design firm? What licensure problems are present in the form of the transaction? What is the seller’s depth of leadership? Every transaction plan is different because every client’s goals are different. We strive to maximize the value to our client in every transaction on which we work with an eye on making the deal work long term.
