Construction and Design

Some of the most successful construction companies rely on our industry experience for their legal needs.


Kean Miller is counsel to many of the region’s most successful construction companies and Fortune 500 companies in construction law matters. We counsel construction companies, contractors, architects, and engineers. Our construction team handles legal issues in connection with contract interpretation, including drawings, specifications, change orders and back charges, lien rights and remedies, contract disputes and litigation. In addition, we have substantial experience in the Private Works Act, the Public Works Act and the Miller Act. Our lawyers assist industry clients with issues involving performance and payment, bid and retainage bond rights, liability and responsibility. On behalf of our clients, we have negotiated with owners, general contractors, subcontractors, architects, laborers, material men, bond companies, suppliers, architects, attorneys, bankruptcy trustees, bankers, and public officials.

General Contractor & Surety
  • Defense of a general contractor in a defective commercial construction matter involving the renovation and repair of hotel and convention center atrium
  • Defense of a contractor in personal injury actions files by employees of other contractors working simultaneously at same job site of facility
  • Defense of general contractor in an arbitration arising out of renovations to a regional airport
Design Professional
  • Defense of architect and sub-consultant in dispute arising out of the design and contract administration of the new construction of elementary school
  • Defense of HVAC manufacturer and designer from claims of defective design of chiller by-pass system brought by a school board
  • Defense of architect in dispute over alleged design defects in the construction of a jail
Subcontractor & Material Supplier
  • Representation of an out-of-state subcontractor in construction defect litigation on the multi-million dollar HUD funded construction of the a student housing complex
  • Defense of major manufacturer of commercial and industrial HVAC equipment in defending a lawsuit involving toxic mold
  • Defense of a grading and fill subcontractor in a multi-million dollar lawsuit involving an assisted living center
  • Representation of roofing subcontractor in litigation involving an apartment complex in Mississippi
  • Defense of a sub-contractor in commercial construction defect litigation involving construction of hotel and conference center on Indian reservation
Owner & Developer
  • Representation of an automobile dealership in building design and construction defects cases and secured substantial award for remediation of defects
  • Representation of an owner in commercial construction defect litigation involving installation of flashing in multi-story brick veneer building
  • Representation of an owner in commercial construction litigation involving defective site preparatory work at future site of multiple truck stops. Also represented the owner in related design-build contract disputes
  • Representation of a housing authority against contractor for breach of contract and construction defects
  • Representation of a soft drink bottler in a major construction dispute regarding issues involving breach of representation and warranties, as well as equipment and construction defects
  • Representation of a major hotel chain in its permitting and licensing matters for two hotels constructed in New Orleans
Heavy Civil Design and Construction
  • Representation of general contractor in dispute with subcontractor and material supplier arising out of multi-million dollar sewer project
  • Representation of international pipeline owner in design defect litigation relating to the original construction of a $500 million natural gas pipeline
  • Representation of international equipment manufacture in litigation with upstream contractor arising out of levee project of U/S/Army Corps for engineers
  • Representation of A8 qualified general contractor in delay claim arising out of corps of engineering project and breach of an SBA mentor-protegee agreement
  • Representation of local government in a lawsuit against multiple contractors, sub-contractors and design professionals arising out of the city-wide installation of fiber-optic cable
Industrial Design and Construction
  • Review and revision of a FEED Agreement, and EPC Contract, and other related project contracts as necessary and useful to account for local law, custom, and usage on behalf of an owner for a project involving design and construction of a mega-project for a group of chemical plants in Southwest Louisiana
  • Representation of an owner for the drafting and negotiation of an EPC contract for design and construction of a hydrogen pipeline in Texas
  • Representation of an owner for the drafting and negotiation of FEED Agreements for design and construction of an ammonia plant
  • Representation of a worldwide energy company in construction litigation brought by a global construction firm involving an industrial facility and related construction of a cogeneration plant
  • Representation of an industrial contractor regarding allegations of breach of representation and warranties related to a multi-million dollar expansion project at a chemical facility in Lake Charles, Louisiana
  • Represented chemical plant owner in industrial construction litigation involving construction of a new MDI-2 production unit
  • Representation of chemical facility in actions adverse to a surety and construction company regarding issues related to construction of a multi-million dollar industrial facilities
  • Representation of a forest products company in defective design and construction claims arising out of a multi-million dollar plant remolding process