Construction

Miller Morton has been a trusted advisor to, and advocate for, the California construction industry for decades.

Miller Morton has a deeper construction bench than most firms many times its size. From litigation to transactional matters, we represent general contractors, developers and real property owners in a wide range of services: from negotiation of all forms of construction agreements, to advising clients on risk management and pre-claim resolution, to formal litigation of construction defect, payment, mechanics’ lien remedies, delay and impact claims. Our expertise in both construction transactions and litigation allows our team to collaborate to stay on the cutting edge of both fields, using the discrete issues we litigate as templates for improving construction agreements to avoid future disputes.

Our dedication to the construction industry, and advancing its interests, extends far beyond the representation of our clients. We serve as active members of many state and local trade and nonprofit organizations, including the organizations set forth below (board/committee membership is indicated with an *):

    • The Associated General Contractors of California (AGCC)*
    • The Housing Industry Foundation (HIF)*
    • The National Association of Women in Construction (NAWIC)*
    • The United States Green Building Counsel (USGBC)*
    • The California Apartment Association (CAA)
    • The Apartment Owners Association of California (AOA)
    • The Santa Clara County Builders Exchange*
    • The American Society of Professional Estimators (ASPE)*

Our construction attorneys have also received a number of industry honors and distinctions. The firm has been recognized as a Tier 1 California construction firm by the U.S. News and World Report. Three of our construction partners have received the AV Preeminent™ rating on Martindale-Hubbell, four of our partners have been recognized as Northern California Super Lawyers in the field of construction law, and one of our partners has been added to the American Arbitration Association’s distinguished list of construction arbitrators.

Construction Litigation Our litigation attorneys routinely handle large-value complex construction defect, delay and impact claims, mechanics’ lien claims, government claims, and job close-out and payment disputes. Our clients in these cases include public and private equity developers and REITs, national, regional and local general contractors and design professionals, as well as local and state governmental agencies.

In addition to our “big-box” work, we also routinely service mid-sized and small property owners, general contractors and developers in construction contracting, risk management and litigation.

Construction Transactions Our transactional attorneys advise the firm's clients in matters such as preparation and negotiation of prime contracts, design-build agreements, subcontracts, design professional agreements, joint venture agreements and other construction-related contracts. We routinely tailor both custom and industry-form agreements (AIA, ConsensusDocs and DBIA) to the particular needs of our clients and the particular risks and challenges of their projects.

Representative Clients Our construction expertise and the depth of our bench have enabled us to work with many of California’s largest developers, general contractors and design professionals, including:

 
DEVELOPERSThe Irvine Company
Carmel Partners
Trammell Crow Residential
AvalonBay Communities
KB Home
Mill Creek Residential Trust
Thompson Dorfman Partners
Bay West Development
KDF Communities
EAH, Inc.
MidPen Housing
First Community Housing

GENERAL CONTRACTORSHensel Phelps Construction
Hathaway Dinwiddie Construction
San Jose Construction
Blach Construction
SC Builders
Robert A. Bothman
XL Construction
Iron Construction
Gordon Prill
Samsung SDS America
MAI Industries
Big- D Construction

We are grateful for the confidence these clients, and the many other developers and contractors we have had the pleasure of representing over the last nine decades, have placed in our firm. We think their trust in us speaks for itself.