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�� Industrial Developments International (IDI)�� Intercontinental Hotels�� Starwood Hotels & Resorts�� Chick-Fil-A�� Rouse Companies�� Combined Properties�� Aflac

�� Bass Hotels & Resorts�� Six Continents Hotels�� Howard Hughes Development Company�� Archstone Realty Trust�� CarrAmerica�� Federal Realty Investment Trust�� Opus Development

For questions, please contact the following attorney:

Bill Hughes | 404.881.7273 | bill.hughes@alston.com

BackgroundForm contracts have long been used in the construction industry. While many owners and developers continue to mark-up and use the one-size-fits-all forms published by trade groups such as the American Institute of Architects (AIA), others have chosen to develop proprietary document sets. These companies believe they can help insure the quality of their building programs by using contract forms which are specially-designed for their types of buildings and ways of doing business, and can be used across the country with minimal modifications.

National Construction Contract FormsFor over fifteen years we have been helping our clients develop uniform design and construction contracts for a wide variety of projects, from retail to multi-family, and from hotels to warehouses and distribution centers. These document sets are carefully coordinated so they can be used by field personnel in all fifty states, with minimal modifications from project to project. In addition to contracts for individual projects, we also prepare master agreements for use when the same architect/engineer or contractor will design or build multiple projects. We also work with clients to set up a system for project support. This can range from providing updates and assistance in modifying contract forms as and when necessary, to supplementing the owner’s staff and providing review and approval services for individual contracts on a unit-price or retainer basis.

National Construction Contract Programs

National Construction Program Representative ExperienceWe have worked with some of the nation’s largest and most sophisticated owners and developers, including:

�� Master Procurement Agreements�� Master Construction Agreements�� Master Design Services Agreements�� Master Design-Build Agreements �� Owner/Architect Agreements�� Turnkey Development Agreements�� Owner/Design Consultant Agreements�� Contractor Pre-Qualification Questionnaires�� Authorization to Commence Work Prior to Execution

of Construction Agreement�� Construction Management (Not-at-Risk)

Agreements�� Construction Management (At-Risk) Agreements

Atlanta | Charlotte | Dallas | Los Angeles | New York | Research Triangle | Silicon Valley | Ventura County | Washington, D.C.

About Alston & BirdWith 900 attorneys, Alston & Bird is a leading national AmLaw 100 firm. The firm’s core practice areas are

intellectual property, complex litigation, corporate and tax, with national industry focuses in real estate, health

care, energy, financial services and public policy. The firm has built a reputation as one of the country’s best

employers, appearing on FORTUNE magazine’s ranking of the “100 Best Companies to Work For” 10 years in

a row, more often than any other law firm in the United States. The firm has offices in Atlanta, Charlotte, Dallas,

Los Angeles, New York, Research Triangle, Silicon Valley, Ventura County and Washington, D.C.

�� Lump Sum Construction Contracts�� GMP Construction Contracts�� Design/Build Agreements�� Multiple Prime (Trade Contractor) Agreements�� Performance Bonds�� Payment Bonds�� Landscape Service Agreements�� Small Project Agreements�� Interior Services Agreements�� FF&E Agreements�� Applications for Payment�� Certificates of Substantial Completion�� Interim & Final Lien Waivers (General Contractor)

Litigation and ArbitrationWe are actively involved in the resolution of disputes arising out of commercial construction contracts. The same attorneys who prepare form agreements also handle these disputes such as:

�� Claims by and against designers, builders and subcontractors, on scores of retail projects, office buildings and shopping centers from California to Virginia and from Minnesota to Florida.

�� Litigation and arbitration concerning cracked slabs, collapsed roofs, malfunctioning systems, cost overruns and delayed completion on warehouses and distribution centers nationwide.

�� Claims relating to water intrusion, mold, delayed completion, and miscellaneous defects in garden-style and high-rise apartment and condominium buildings in cities and towns across the country.

�� Litigation and arbitration involving design and construction defects, delays, liens, ADA violations, extra work and surety bond issues on numerous hotels and resorts in dozens of states and territories from Hawaii to the Virgin Islands.

ConclusionConstruction contract forms are truly useful only if they (1) are user-friendly enough to be consistently utilized by field personnel; (2) conform to industry practices and the owner’s way of doing business; (3) contain terms and conditions which can be accepted by most designers and builders without radical modification; and (4) protect the vital interests of the owner or developer in the event of a dispute. Over the past fifteen years we have developed a wealth of forms which satisfy these criteria, and which have been proven worthy in the cauldron of scores of mid-project disagreements and contentious project close-outs. The result for our clients is an enhanced ability to control quality, schedule and cost in their national building programs, and to effectively monitor and successfully complete numerous concurrent projects across the country.

Types of Contracts and Related DocumentsWe work with our clients to develop form documents that fit the way our clients do business, and guide their design and construction process from inception to completion, including:

�� Interim & Final Lien Waivers (Subcontractor)�� Final Contractor Affidavits�� Prime Contractor Warranties�� Subcontractor/Supplier Warranties�� Change Orders�� Lien Escrow Agreements�� Miscellaneous Services Agreements�� Testing Services Agreements�� Engineering Services Agreements�� Indemnification Agreements�� Tenant Improvement Agreements�� Surety Takeover Agreements