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Proper application of preventive law and problem resolution adds value to any construction/land development project. Kirton & McConkie's Construction, Land Use and Surety Bond Practice Section provides years of legal experience to owners, developers and contractors on local, national, and international construction projects.

Our practice section provides expert legal assistance on every phase of construction from the initial concept, land use planning, and design phase through post-substantial completion matters. We have successfully been involved with every type of delivery system and every type of legal construction problem. Our main focus is to provide precise, easy to understand advice, which allows a project to proceed smoothly and prevents problems from happening in the first place.


Clients are most comfortable with attorneys who understand their business and process. Our attorneys and legal assistants have been involved with the construction industry for many years. Many have technical degrees in backgrounds that relate to the practical aspects of construction. We speak your language. We provide legal advice on projects throughout the United States, Canada, Mexico, Europe, and Asia. Our attorneys have practical experience with all aspects of projects in each of these geographical areas, although the bulk of our practice occurs in the western United States. Our attorneys are members of the Construction Specifications Institute, the Construction Owners Association of America, the Association of General Contractors, and the Masters Institute of Construction Contracting. We frequently teach seminars on project development for national trade groups and national professional education companies. Our firm also teaches construction seminars for client groups. Please contact us to arrange a seminar at no cost.

Our mission is to provide the finest legal services at a reasonable cost. Regardless of whether clients are facing a routine or highly sophisticated issue, we can handle it efficiently and effectively. We are in business to serve our clients.

All Aspects of Construction Contracting

  • Commercial
  • Institutional
  • Residential subdivisions
    • Planned unit developments
    • Golf course communities
  • Government contracts
  • Redevelopment
  • Consultant contracts
  • Delivery systems
    • Competitive bid
    • Cost plus
    • Guaranteed max price/shared savings
    • Design build
    • Partnering

Dispute Resolution

  • Informal
  • Litigation
  • Arbitration
  • Mediation
  • Liens
  • Risk Management
  • Appeals

Insurance and Surety Claims

  • Performance and payment bonds
  • Bid bonds
  • Liability insurance
  • Property insurance
  • Owner-controlled insurance programs

Land Use Entitlements

  • Building and grading permits
  • Conditional use permits
  • Variances
  • Construction easements
  • Site plans and subdivisions
  • Wetlands/environmental
  • Administrative hearings
  • Impact fees
  • Planning and zoning

Financing

  • Construction financing
  • Bridge financing
  • Permanent financing

Design Professionals

  • Licensing
  • Errors and omissions

Scheduling

  • Critical path method
  • Multiple project schedules
  • Delay resolution
  • General conditions and liquidated damages



Beneco Enterprises, Herm Hughes & Sons Construction Company, Tingey Construction Company, Alder Construction Company, Hogan & Associates Construction Company, CraCar Construction Company, Overland Construction Company, Valley Design and Construction, Inc., Broderick & Henderson Construction Company, R.M.A., Inc., M-13 Construction Company, Broken Arrow Construction Company, Mark Steel Corporation, Titan Steel Corporation, Fetzers' Inc., Wavel-Huber Wood Products, Fondell Woodworking, Hugoe Trucking Company, Lakeview Rock Products, Golden Eagle Refining, Cowboy Oil Terminal, Inland Oil Refining

James E. Ellsworth
Wallace O. Felsted
David M. Wahlquist
©2004 Kirton & McConkie, PC 
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