Construction Law

Comprehensive Counsel for Developers, Contractors, and Subcontractors

Construction projects create opportunity—but they also create risk.

Whether you are developing a commercial property, managing a public works project, serving as a general contractor, or performing specialized trade work, a single dispute, accident, or regulatory issue can threaten project schedules, profitability, and business relationships.

Adler Cohen represents developers, construction managers, general contractors, and subcontractors throughout Massachusetts in construction-related disputes, and counsels these clients on project safety and risk management matters. Our attorneys understand how construction projects operate in the real world because we regularly defend the companies that build them.

We combine the courtroom experience of a trial firm with practical business advice to help clients avoid disputes when possible and aggressively defend them when necessary.

Construction Litigation and Dispute Resolution

When disputes arise, construction companies need lawyers who understand both the legal and practical realities of the construction industry.

Our attorneys represent clients in state and federal courts, arbitration proceedings, mediations, and administrative matters involving:

  • Construction defect claims
  • Delay and disruption claims
  • Construction site injury litigation
  • Property damage claims
  • Fire and loss subrogation actions
  • Contract disputes
  • Payment disputes
  • Scope-of-work disputes
  • Change order disputes
  • Indemnity and contribution claims

We regularly defend contractors and subcontractors against claims brought by owners, developers, employees, and third parties. We also prosecute claims on behalf of construction companies seeking payment or recovery for project-related losses.

Construction Site Injury Defense

Construction accidents frequently lead to complex litigation involving multiple contractors, subcontractors, insurers, and employers.

Our attorneys defend construction companies in matters involving:

  • OSHA-related incidents
  • Falls from heights
  • Scaffolding and ladder accidents
  • Trenching and excavation incidents
  • Equipment and machinery accidents
  • Electrocution claims
  • Workplace safety allegations
  • Catastrophic injury and wrongful death claims

We work closely with clients, insurers, safety personnel, and experts to investigate incidents, preserve evidence, and develop effective defense strategies from the earliest stages of a claim.

Construction Risk Management and Preventive Counseling

The best construction dispute is often the one that never happens.

Adler Cohen advises construction industry clients before problems arise by helping them identify, allocate, and manage project risks.

Our services include:

  • Contract review and negotiation
  • Subcontract and purchase order development
  • Risk allocation and indemnification provisions
  • Insurance and additional insured review
  • Site safety and loss prevention counseling
  • Regulatory compliance guidance
  • Documentation and recordkeeping protocols
  • Claims preservation strategies
  • Internal project management procedures

We work with clients to develop practical systems that reduce exposure while supporting efficient project execution.

Safety Policies and Procedure Development

Construction companies face increasing scrutiny regarding workplace safety, accident prevention, and regulatory compliance.

Our attorneys assist clients in developing and refining:

  • Safety manuals
  • Incident reporting procedures
  • Investigation protocols
  • Document retention policies
  • Subcontractor management procedures
  • Project communication protocols
  • Contract administration procedures
  • Risk transfer and insurance compliance programs

By helping clients establish defensible policies before an incident occurs, we place them in a stronger position to prevent accidents and defend claims when they arise.

Insurance, Indemnity, and Risk Transfer

Construction projects often involve multiple layers of contractual and insurance obligations.

We counsel clients regarding:

  • Additional insured requirements
  • Contractual indemnity provisions
  • Tender and defense obligations
  • Coverage disputes
  • Risk transfer programs
  • Wrap-up and OCIP issues
  • Surety claims
  • Performance and payment bonds

By addressing these issues early, clients can better protect themselves from unexpected liabilities and litigation costs.

Why Adler Cohen

Many firms claim to handle construction law. Adler Cohen's strength is that we routinely defend the participants who actually perform the work.

Our litigation experience provides valuable insight into how accidents occur, why projects fail, what claims are most likely to be asserted, and how courts, juries, arbitrators, and insurers evaluate construction disputes.

That perspective allows us not only to defend claims after they arise, but also to help clients build systems that reduce the likelihood of future disputes.

Whether you are facing litigation, preparing for a major project, responding to a workplace incident, or seeking guidance on risk management and compliance, Adler Cohen provides practical, experienced counsel tailored to the construction industry.