Industries

Construction

Construction

Building any structure is a complex feat that includes numerous rules and regulations, as well as many parties involved in the construction process, such as engineers, designers, and builders. Construction law regulates these key components to ensure proper building code standards, project timelines, and worker safety standards are not only met, but also protect projects from financial and structural issues.

Because of the many moving parts associated with construction, construction law covers a broad range of legal matters to protect the many parties associated with a project. Construction law clients of Mitby Pacholder Johnson PLLC include:

  • Developers
  • Landowners
  • Business owners
  • Contractors
  • Subcontractors and laborers
  • Suppliers

Each of these parties is integral to the completion and success of a project. While those who work on a jobsite to make sure the structural aspects of a project are taken care of, the attorneys at Mitby Pacholder Johnson PLLC are actively working behind the scenes to provide swift and ethical counsel on an array of legal matters.

Contracts

The attorneys at Mitby Pacholder Johnson PLLC exercise their backgrounds in negotiation when reviewing and analyzing contracts to ensure each document is fair in providing a positive outcome for clients. Starting during the initial bidding phase of a project, the construction industry and building process require many contracts. The integrity of a contract often depends upon the phrasing of a single sentence; therefore, it is crucial to have tactful attorneys who are able to draft and review contracts that meet all applicable state and federal standards and regulations.

Property Law

Property law is a key factor in successful construction projects. When applied in the construction industry, property law covers to the various forms of ownership and tenancy in real property. Legal disputes among landowners, builders, and contractors are common in the construction industry. Despite their commonality, they are still serious matters that should be handled by a seasoned business lawyer.

Liens and Bonds

When hard work has been completed on time and meets all required standards for a project, the agreed upon compensation comes due. A lien is a claim made against one party by another for nonpayment. Bonds in construction provide financial protection for investors in the case of an inability to perform the scope of agreed upon work.

Failure to pay or receive funds can greatly inhibit the progression of a project, as well as cause additional, unnecessary, and costly delays and disputes. The attorneys at Mitby Pacholder Johnson PLLC are equipped to advocate for just compensation, including in disputes involving liens and bonds. Our experienced team provides counsel to not only general contractors and subcontractors for payment of supplying materials and labor, but we are also well versed in defending and fighting for payment on behalf of engineers, designers, and owners.

Claims Related to Construction

In addition to the above legal matters, construction law can also be applied to numerous disputes that may arise over the course a project. Claims could include but are not limited to:

  • Delay of projects
  • Structural defects
  • Design defects
  • Code violations
  • Substandard materials or equipment
  • Property damage
  • Change orders
  • Workmanship
  • Construction schedule changes

A ‘go to’ firm for us. They’re smart, strategic, and know how to win the tough cases. We’re incredibly selective when it comes to outside counsel and only use aggressive firms that can take cases to trial and win. MPJ checks those boxes. Bottom line — I’m glad they’re on our side because I wouldn’t want to go up against them.

Head of litigation for publicly traded international chemical manufacturer

Mitby Pacholder Johnson never gives up and never taps out! I’ve collaborated with Tim Johnson and Debbie Pacholder on a myriad of legal challenges, from high-stakes lawsuits to high-pressure, intricate transactions. Many of these were critical, ‘bet-the-company’ situations.  Their strategic approach, foresight and unsurpassed dedication ensured our company always achieved the best results possible, both in and out of the courtroom.  They each impressed me with their acumen and creativity and their ability to work independently on any matter and in a team. Their combined understanding of both the legal and business nuances of every case made them a formidable team. Tim easily transitioned between litigation matters and transactions and never lost sight of the goal.  In any matter Tim and Debbie spearheaded, I never doubted that our company was in the best hands. Simply put, I don’t think you can find a better team than Mitby Pacholder Johnson.

Kerry Hatley
Former CEO, Peak Completion Technologies
Senior VP, GR Energy Services
MMA Referee

Steve Mitby is a tenacious, smart, and talented lawyer who I have absolute confidence in when he is handling a matter. I engaged Steve to handle several matters, including complex intellectual property disputes and significant employment law matters, while I was the general counsel of an NYSE-listed oil and gas service company and I was extremely pleased with his work. I unhesitatingly recommend him because of the type of lawyer he is and the quality of his work.

Mark F. Elvig
Former General Counsel, Core Laboratories

I have served as in-house counsel for over 30 years and have had the pleasure of working with Steve Mitby for several of those years. Steve is a very intelligent and solution-oriented lawyer. Unlike many attorneys, he truly listens and approaches problems collaboratively with his clients. He is keenly aware of costs, maximizing positive outcomes, while minimizing related expenses. He does not engage in unnecessary debate, files only what needs to be filed, and handles his cases with a laser focus. Steve Mitby earned my trust. I will retain him again should the need arise and can absolutely recommend him to anyone else in need of legal services.

E.H. “Bo” Underwood III
Executive Vice President, General Counsel Pharma-Safe Industrial Services
Former General Counsel, Bristow Group Inc.

Challenging a large and powerful company has been one of the most stressful experiences I have ever gone through. But throughout the ongoing 3-year battle, Steve and Debbie are always there to encourage and support me… I am always kept informed every step of the way no matter how big or little the issue is. If I have questions or concerns within minutes of my query Debbie emails or calls with answers. She is an exceptional attorney and a kind and caring person.

Anna Palova

I highly recommend Steve Mitby and his firm in connection with any complex commercial litigation. I know from personal experience with Steve in a recent complex trade secret jury trial that Steve is an outstanding and highly skilled jury trial lawyer. During the trial, Steve showed exceptional ability to communicate effectively with the jury, and enabled our client to achieve a major jury trial verdict.

Dan Webb
Co-Executive Chairman, Winston & Strawn
Former U.S. Attorney, Northern District of Illinois
Fellow, American College of Trial Lawyers