Construction Law

Who We Represent

We represent a broad cross-section of the construction industry, including:

• General contractors and subcontractors
• Owners and developers (commercial and residential)
• Architects, engineers, and other design professionals
• Material suppliers and equipment vendors
• Lenders, sureties, and insurers

Our Core Services

We provide full-service construction law counsel across all project phases:

Pre-construction & Contracting

• Drafting and negotiating prime contracts, subcontracts, and owner-contractor agreements (AIA, EJCDC, custom forms)
• Advising on scope, indemnity, insurance, warranties, and liquidated damages clauses
• Risk allocation, contract performance guarantees, and bid/proposal review

Project Administration

• Change order and delay management
• Payment procedures, retainage, bonding, and lien strategy
• Compliance with permitting, licensing, and building code requirements

Claims, Disputes & Litigation

• Construction defect and design defect claims
• Delay, acceleration, and disruption claims (time-related damages)
• Mechanic’s liens, bond claims, and foreclosure of liens
• Breach of contract, indemnity, and warranty disputes
• Arbitration, mediation, and trial advocacy

Surety & Bonding

• Handling payment and performance bond claims
• Defending or prosecuting claims involving subcontractor defaults and completion obligations

Insurance & Risk Transfer

• Coordinating coverage issues with carriers (CGL, professional liability, builder’s risk)
• Coordinating multi-party coverage and subrogation claims

Regulatory, Compliance & Workplace Issues

• OSHA, safety, and workplace investigations
• Licensing disputes and contractor discipline matters

Typical Matters We Handle

• A subcontractor not paid for completed work; pursuing mechanics’ liens and bond claims.
• An owner alleging water intrusion and seeking defect remediation; defending design professionals and contractors.
• A project delayed by unforeseen site conditions; quantifying delay damages and negotiating change orders.
• A surety seeking relief after a contractor default; advising on completion strategies and cost recovery.
• Complex multi-party disputes requiring coordinated litigation, expert engagement, and alternative dispute resolution.

Why Clients Choose Bender Law

• Construction-savvy lawyers: Our attorneys understand construction means, methods, and schedules — not just statutes and case law.
• Practical, business-focused solutions: We prioritize outcomes that let your project move forward or preserve cash flow.
• Full-spectrum representation: From drafting contracts to trying cases, we handle the practical and legal work end-to-end.
• Alternative dispute resolution expertise: We prepare aggressively for trial while using mediation or arbitration where it protects your interests and budget.
• Responsive, cost-conscious service: Realistic fee estimates, staged budgets for disputes, and early case assessment to reduce surprises.

Frequently Asked Questions

Q: Should I sign a contract that shifts all risk to me?

A: Not without careful review. Some risk shifts (indemnity, no-damages-for-delay clauses, broad insurance requirements) can expose you to large, unanticipated losses. We’ll identify and negotiate risky provisions before they become problems.

Q: What is a mechanic’s lien and when should I file one?

A: A mechanic’s lien is a legal claim against property for unpaid construction work or materials. Proper timing, notice, and perfection requirements vary by state — filing too early or too late can invalidate the lien. We help you follow the statute precisely.

Q: How do delay claims get proven?

A: Delay claims often require contemporaneous documentation (daily logs, communications, change orders), critical path analysis, and expert scheduling evidence. Early preservation of records is essential.

Q: Can disputes be resolved without litigation?

A: Frequently yes — through negotiation, mediation, or arbitration. We evaluate the strategic benefits of each option and design dispute-resolution plans that fit the project and client goals.

Results & Experience

We have successfully represented clients in matters involving multi-million dollar defect claims, complex bonding litigation, and time-impact disputes that tested schedule expert witnesses. Specific case summaries can be provided upon request and where permitted by confidentiality rules.

Contact Us

To discuss your construction project, contracts, claims, or risk management, reach out to our experienced attorneys at Bender, Larson, Chidley, Koppes, Hetfield & Associates.

• Phone: (920) 261-7626
• Visit our contact page
• Office: Watertown, WI — serving clients throughout Wisconsin

If you’d like, we can review a contract, assess your claim, or provide a written project risk checklist. Tell us a little about your project, and we’ll respond promptly with options and next steps.