The Lee/Shoemaker PLLC team advises their clients regarding the unique risks faced by design professionals associated with different project types — from reviewing requests for proposals, to advising on proposals, to negotiating contracts, to consulting on lender consent documents.
Alternative Project Delivery
- Advised engineering firm regarding all alternative project delivery contracts pursued nationwide for consistency in established risk profiles
- Advised regional architectural firm regarding negotiation of teaming agreement and proposed design agreement on P3 project during pursuit phase
- Advised engineering firm regarding negotiation of takeover agreement for design-build agreement on transportation project
Public Contracting
- Advised clients (numerous) regarding risks associated with RFPs issued by public agencies and strategies for responding to those RFPs
- Advised clients (numerous) regarding risks associated with contracts proposed by public agencies and strategies for negotiating those contracts
Private Contracting
- Advised clients (numerous) regarding recommended modifications to standard contract forms used in the industry (AIA, EJCDC, DBIA, and others) to incorporate appropriate protections
- Advised clients (numerous) regarding development of customized proposal forms with risk-mitigating terms and conditions
- Advised clients (numerous) regarding lender consent documents requested as a condition on financing
Teaming Agreements and Joint Venture Agreements
- Advised clients (numerous) regarding teaming agreements, including potential enforceability challenges and strategies for negotiating terms
- Advised clients (numerous) regarding different structures for joint ventures, and risk management strategies to be implemented based on structure selected
Project Financing Documents
- Advised numerous architecture firms related to lenders consents and architect’s certificates requested as part of financing package for private projects and HUD-financed projects, including negotiation with lender’s counsel and owner’s counsel, to facilitate financial close
- Advised engineering firms related to lenders consents requested as part of financing package for private projects
Training
- Presented training to owners of ENR Top 150 engineering and architecture firm on risks associated with design-build projects, and internal processes to consider implementing to make strategic decisions on individual design-build pursuits
- Presented training on contract negotiation for contracts group within ENR Top 50 multidisciplinary engineering and architecture firm
- Presented training session at geotechnical engineering firm’s project manager retreat to identify strategies for mitigating risk associated with on-site services
- Presented training session for regional architecture firm on risks associated with construction phase services
- Presented various webinars for internal training of architecture and engineering firms during monthly/quarterly professional development sessions
