In today’s fast paced world, time is money. This is never truer than in construction. Pietragallo appreciates the time constraints of the construction industry, and its understanding of the complexities of the industry permits it to act quickly to solve problems. From planning, bidding, negotiations, contract drafting, dispute resolution, risk management and insurance needs to labor relations, the challenges the construction industry faces are numerous. The firm’s experienced attorneys are consulted for legal advice and solutions in this ever-changing landscape.

Pietragallo assists its clients in construction projects from start to finish. Quality service, excellence and professionalism are our top priorities. We embrace the objectives and goals of our clients. We recognize that immediate and efficient legal services keep projects on time and in accordance with contract documents.

Pietragallo is comprised of attorneys who have extensive experience providing comprehensive legal services to owners, developers, construction managers, contractors, subcontractors, material and equipment suppliers, sureties, architects and engineers on a broad range of construction issues. The following are some examples of services that our Construction Group offers.


Construction Litigation

Our firm makes every attempt to facilitate early resolution of disputes, but recognizes that not all issues can be resolved. Therefore, our firm has assembled some of the finest litigators in the region with a wide range of experience in state and federal courts, U.S. Court of Federal Claims and construction arbitration. We approach each case with the same mindset, providing cost efficient representation to achieve our client’s goals.

Alternative Dispute Resolution

We bring a wealth of knowledge and experience to the table, and when appropriate, assist our clients in resolving matters without the need for courtroom litigation. Many construction contracts contain mandatory mediation and arbitration procedures. Our construction lawyers diligently represent our clients before private, court supervised, commercial, labor, domestic and international boards and tribunals. In addition, the Construction Practice Consortium has experienced arbitration and mediation professionals.

Contract Preparation and Review

The most efficient way to resolve disputes is to prevent them from occurring. Many issues, such as delay claims, insurance coverage and the allocation of risk can be addressed within the contract, thereby avoiding disputes that may arise during the course of the project. We prepare well-crafted contracts not only to protect our client’s interests, but also to ensure the contract accurately reflects the agreement between the parties.

Business Counseling

Pietragallo provides clients with a variety of construction related business services, including assisting in all phases of real estate acquisition and development, structuring and negotiating of project financing, as well as in the resolution of bonding issues, mechanic’s liens and other payment matters. We also advise our clients on minority-owned contracting issues and debtors’ and creditors’ rights.

Bid Protests

Our firm represents clients in bid protests, both challenging and defending contract awards. Our lawyers not only litigate such issues, but also negotiate their resolution with governmental agencies.

OSHA Compliance

Our firm understands that job site safety is of paramount concern. As such, our lawyers have the ability to work with our clients to develop OSHA compliant safety programs. In the event of OSHA involvement, we help our clients navigate the investigation process, negotiate resolution and, if necessary, defend against any citations. Examples of our pre-loss and post-loss successes include cases involving personal fall arrest systems, asbestos abatement procedures, scaffolding, personal protective equipment and high voltage power lines.

Risk Management

Our firm maintains a dedicated group of attorneys to assist our clients in dealing with the day-to-day operation of corporate risk management. We handle insurance program oversight, class code litigation, commercial disputes involving indemnity contracts and coverage, employee training to reduce exposure and premium disputes in loss-sensitive programs. We also assist our clients in forming their own captive insurance companies.

Insurance Coverage

Construction cases can present a wide variety of complex insurance issues. Claims for defense or indemnity involve a detailed analysis and understanding of project contracts, insurance policies, additional insured endorsements and certificates of insurance. Construction defect claims can present complicated questions arising under work and product exclusionary clauses and can trigger the operation of the products and completed operations hazard provisions of the policies. We apply our knowledge and experience to maximize contractors’ protection or to fend off adverse claims.

Surety and Contractor Bonds

We represent clients with respect to the various complexities involved in surety bond claims.

Employment and Labor Issues

Our firm has attorneys who concentrate in employment law, who serve as a resource to our construction clients not only in the drafting of employment contracts and drug testing policies, but also with respect to employment related claims. These attorneys regularly advise clients on matters ranging from discrimination and harassment to claimed violations of the Fair Labor Standards Act. On the labor side, we advocate for our clients in labor arbitrations and negotiations.

Construction Legal Edge


Phillip R. Earnest —

Joseph J. Bosick —