Neutral Partnering Facilitators

Larger, innovated construction projects demand experienced, sophisticated and construction legal advisors at critical project points, especially in the planning phases. We are uniquely suited to help our clients hire attorneys and law firms that have specific construction legal experience. From the project design phase through construction close-out phase, we contract for and manage transactional construction attorneys. These attorneys are skilled on larger construction projects to assist with forms of agreements, drafting, negotiation agreements and other construction legal documents, including any applicable bidding legal documents, then legal issues and larger disputes during the construction, close-out and post closeout phases. We also assist, when necessary, in finding, contracting for and managing neutral partnering facilitators to assist with upfront project alignment, disputes between the parties, including informal mediations. In rare cases, when all other dispute prevention and resolution processes fail, we help our clients find, contract for, and manage construction litigation firms.

We work closely with other practice areas to develop compliance programs and perform risk assessments to help reduce your overall exposure. Our experience in complex, high-stakes, multijurisdictional disputes and deep local roots mean we can deal effectively with the issues and subtle nuances of managing your disputes wherever they arise.  

Construction Partnership Program

Companies can mitigate or eliminate many of the problems inherent in distributor and subcontract relationships by developing a detailed understanding of their individual product needs. But they also need to understand their distributors—the capabilities they possess, the incentives that motivate them, and the support they need to succeed.

As a first step to improving subcontract relationships, contractors should create an extensive fact base that includes detailed information on individual products, such as data on total and served available market. But looking at spreadsheets alone is not enough, since in-house sales and technical staff have important insights about different subregions, including the role that subcontractors should play in the go-to-market strategy for individual products or customers.

Contractors will also need to decide whether subcontractors should be used for fulfillment, demand creation, or both. With demand creation—which is associated with higher margins—contractors might benefit by developing a heat map that classifies customers based on strategic importance, sales and marketing needs, and penetration. For instance, a customer that has repeatedly purchased a product is unlikely to require additional technical-support services unless the design has materially changed. In such cases, subcontractors should only be asked to provide order-fulfillment services, rather than be encouraged to create demand. By contrast, contractors may want to encourage distributors to create demand in subregions where customers are unfamiliar with their products. To achieve the right level of detail, the map should include data for individual product lines and regions.