Best & Flanagan


Practice Areas: Construction

The Construction team at Best & Flanagan sustains a long history of representing well known developers, public owners, construction companies, general contractors, sub-contractors, suppliers, sureties, architects and engineers throughout Minnesota and beyond. We represent all parties in the construction industry on all manner of legal issues and contracts and at every phase of the development and construction dispute cycles.

Our innovative thinking and way of practicing law sets our team apart from other law firms. On a daily basis, we provide depth and breadth of expertise in construction law. We are not just lawyers who provide counsel in a vacuum, but rather are industry knowledgeable advisors with an acute desire to understand the specific needs and desires of our clients. Throughout our working relationship, we take the time to learn our clients’ goals and strategically assist them in reaching those goals. As a result, we are closely aligned throughout our working relationship. This commitment and flexibility extends beyond extraordinary problem solving to include highly creative representation and predictable fee structures.

We advise clients on establishing the most appropriate business entity for a given project. We consider the unique issues for public works improvements. We negotiate with governmental agencies on issues such as entitlements, public financing, condemnation, development rights, permitting, land use, variances, construction contracts, change orders and disputes. We advise owners and contractors on all aspects of bidding.

We draft and negotiate a full array of standard and custom construction contracts including prime, subcontracts, design/build, architect/engineer and construction management contracts, all related subcontractor and vendor agreements and major pieces of equipment. We review a project and project participant insurance and bonding requirements including all manner of liability, builders risk errors and omission, pollution and specialty inland marine insurance coverages.

When disputes arise, our litigators take every action needed to ensure swift resolution. Our team regularly represents clients in both mediated and informal negotiations, sometimes while a project is still ongoing. Our litigators advocate our client’s rights in all types of construction litigation and arbitration claims. We have resolved bid protests, labor and prevailing wage claims, defective work claims, mold, delay, disruption, acceleration, mechanics liens, stop notice termination, collection and bond matters. If need be, we dig in for the long haul of managing complicated document heavy construction litigation.

We also consult on contract issues for and the professional liability of architects and other professionals.