Text Box: Text Box: Download Our Brochure (pdf) Text Box: Kraftson Caudle LLC Text Box: Services & Expertise Adobe SystemsText Box: Contractors and subcontractors typically encounter standard form contracts published by industry groups.  Consequently, the pitfalls and potentially problematic contract language appearing in such forms are generally understood and routines are established in-house by contractors to review and decide on the adequacy of contracts and subcontracts.  However, in many cases, owners, engineers, architects, contractors and subcontractors alike develop their own forms which contain provisions and language not typically encountered.  In other instances, peculiarities associated with unique projects require custom contracts or significant modifications to industry forms.  Our expertise – both legal and actual in-the-field – provides a unique perspective for our advice as we guide and assist clients through the process of drafting and negotiating contracts.  We have also developed custom form contracts for our owner, contractor and subcontractor clients which can be adapted to a variety of projects and circumstances so that our clients receive the legal protection they desire balanced by the need to be responsive to the competitive pressures of the marketplace. Text Box: Contract Drafting & Negotiation Text Box: The need for innovative financing and the desire of public entities to shift the risk for both design and construction to one party led to the passing of federal TEA-21 provisions allowing the use of innovative contracting methods on highway construction projects.  Similar legislation has been passed by some states, such as Virginia, which implemented the Public Private Transportation Act (“PPTA”) and the Public Private Education Federation and Administrative Act (“PPEFAA”).  We have spoken extensively on innovative contracting issues at highway and construction industry group and have also provided assistance to clients in all phases of the solicitation and contracting processes on public-private partnership projects ranging from $15 Million to $1.2 Billion. Text Box: Because the action or inaction of owners and contractors in response to project events dictate whether or not an issue will evolve into a dispute, we encourage our clients to seek out advice early.  Our involvement in brainstorming solutions and assisting in the development of ideas to address pressing issues early-on have resulted in claim and dispute avoidance. Text Box: Our extensive legal and hands-on industry experience from project origination to close-out has exposed us to the pitfalls of project and contract management.  We provide on a gratis basis to our clients in-house claims and dispute avoidance presentations aimed at estimators, project managers, field superintendents and company executives.  The philosophy underlying our approach is that sound procedures for managing a project and bringing it in under budget and on time also (1) minimize owner and subcontractor disputes and (2) ensure adequate and organized documentation in the event of a dispute.  Our presentations usually last a half or full day and cover significant contract provisions, managing the work, effective project documentation, subcontracting, mechanic's liens, performance problems, establishing costs/damages, and drafting and presenting claims.  Text Box: Claims & Dispute Avoidance Text Box: Real-Time Advice During Construction Text Box: Public Private Partnerships Text Box: Although the Design-Build method of project delivery has been around for many years, it has seen a significant growth in the public sector within the last decade.  Within the last five to seven years in particular, Design-Build has evolved into the method of choice with mega civil projects across the country.  We have participated in several significant projects across the country and have assisted in preparing RFQ and RFP proposals, drafted and negotiated prime and subcontracts, and assisted with the resolution of design and construction legal issues during performance. Text Box: Design-Build Text Box: We have extensive hands-on experience drafting and presenting formal claims to public and private owners.  With the assistance of scheduling and productivity experts, we have provided our clients with services ranging from coordination and outlining of claims to 100% authorship.  Over the years, we have developed a successful standardized claims presentation method, which results in a concise and logical illustration of the client's entitlement and damages. Text Box: Claims Drafting & Coordination Text Box: In the event claims and disputes cannot be resolved through negotiation, we are advocates of mediation, a non-binding process whereby a neutral third-party assists parties in resolving their disputes in a structured settlement process.  Mediation offers clients a much more cost-effective way of resolving disputes than arbitration or litigation and the assistance of experienced counsel in this process is often invaluable to a successful outcome.  We have considerable experience with mediation having successfully resolved many disputes through that process.  We also have extensive contacts with nationally recognized mediators as well as with other mediators who have considerable skill in effectuating settlements.  Text Box: Mediation Text Box: Arbitration & Litigation Text Box: ¨ Arbitration & Litigation ¨ Mediation ¨ Claims Drafting & Coordination ¨ Contract Drafting & Negotiation ¨ Real-Time Advice During Construction ¨ Claims & Dispute Avoidance ¨ Design-Build ¨ Public Private Partnerships Text Box: Text Box: Text Box: Text Box:

 

 

 

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Text Box: Sometimes, despite a client's best efforts to avoid or resolve disputes, the matter cannot be resolved without resorting to arbitration or litigation in court.  Our attorneys have extensive experience in arbitrating and litigating complex construction disputes and have an outstanding track record, having successfully represented clients on numerous occasions before arbitration panels, federal government Boards of Contract Appeals, and state and federal courts.  A partial listing of these cases can be found in the biographical sketches of the Our Firm section of this site.  Our approach to arbitration and litigation is to work tirelessly to ensure that the case is thoroughly prepared for trial while at the same time working hand-in-hand with the client to ensure that the work is done as efficiently and cost-effectively as possible.  We believe that frequent and thorough communication throughout the process of case planning and strategy, discovery, trial preparation and trial itself is key to maximizing the probability of a successful outcome.  We strive to provide our clients with continually updated assessments of the strengths and weaknesses of their case so that informed decisions can be made at each step along the process.