Design and Construction Law Services

Noble & Wickersham lawyers have unequalled experience in all facets of legal services related to designing and building projects and providing general counsel services to architects, other design professionals, general contractors, and construction managers – from negotiating contracts, to ensuring compliance with registration laws, to restructuring firm ownership and governance, to resolving disputes. We represent over 100 design firms around the United States, and we have dealt with projects in over twenty foreign countries.

We also have expertise in cost-effective dispute resolution. We represent clients in mediations and other alternative dispute resolution (ADR) procedures. We are available to act as an ADR neutral in disputes involving design and construction issues for parties other than our clients.

Noble & Wickersham lawyers are active in important legal and practice trends affecting the future of the design and construction industries. Chris Noble is involved in several national industry groups developing new contractual models to  accommodate Building Information Modeling (BIM), integrated practice, and project alliancing. Jay Wickersham has been appointed to an AIA International Committee Task Force to develop best practices for offshore outsourcing.


The life cycle of a project

Every project is different, but certain legal issues are likely to come up on any given project. We help our clients anticipate and solve problems, protect their professional and financial interests, manage their risks, and resolve disputes reasonably and cost-effectively.

Pursuing the job
• Reviewing contract language in Requests For Proposals
• Dealing with public designer-selection and bid laws
• Satisfying inter-state registration requirements
• Considering joint ventures or other strategic alliances

Securing the job
• Negotiating the owner’s contract with the designer, contractor, construction manager, or design/builder (using AIA forms, owner-generated alternatives, or our own forms)
• Defining relations between design and production architects; setting up joint ventures
• Drafting contracts with subconsultants and subcontractors
• Anticipating problems and addressing dispute resolution, project partnering, and risk management

While the job proceeds
• Reviewing other contracts on the project as they may affect our clients
• Reviewing and negotiating forms of certificates to lenders, public agencies
• Advising on public bidding requirements, including the Massachusetts filed sub-bid laws
• Advising on major change order and additional services issues

If the job goes sour
• Resolving payment disputes
• Providing preliminary claim advice
• Dealing with insurers, sureties, lenders, and other interested parties
• Representing clients in negotiations and mediations
• Coordinating with claims counsel in arbitrations and lawsuits
• Protecting copyright and project credits

Working abroad
• Identifying and resolving professional registration and other international practice issues
• Drafting, reviewing, and negotiating FIDIC and other international contract forms
• Dealing with tax treaties, currency exchange, and similar issues
• Designing and managing international dispute resolution procedures


The life cycle of a firm

We provide general counsel services to our design and construction clients, from the creation of a firm, through the challenges of growth, ownership transitions, and mergers and acquisitions. Our legal advice is accompanied by an understanding of the special considerations – business, professional, personal, and aesthetic – that affect design and construction firms and their principals and employees.

The new firm
• Choosing the form of entity: corporation, LLC, or partnership?
• Drafting and filing firm documents
• Assembling accountants, legal specialists, insurers, and other advisors

The growing firm
• Developing a strategy for inter-state registrations, setting up affiliates and subsidiaries
• Creating form contracts
• Advising on insurance and other risk management issues
• Formalizing employment agreements, policies, and benefits
• Maintaining internal governance records and governmental registrations

The evolving firm
• Addressing the full range of multiple issues related to ownership transitions to a new generation
• Advising on mergers, acquisitions, and break-ups

If our clients require legal advice in areas such as tax, ERISA, estate planning, or litigation, we arrange for cost-effective relationships with expert lawyers in other Boston-areas firms who specialize in each of these areas. We play the central role in meeting all of each client’s legal needs.


Selected client list

Adamson Associates Moshe Safdie and Associates
Foreign Office Architects Pelli Clarke Pelli Architects
Goody Clancy & Associates Perry Dean Rogers/Partners
Koetter Kim & Associates Pickard Chilton Architects
Kevin Roche John Dinkeloo Associates Roger Ferris + Partners
Machado and Silvetti Associates Satellier LLC
Mack Scogin Merill Elam Architects Toshiko Mori Architect
Michael Van Valkenburgh Associates Tsoi / Kobus & Associates



Noble & Wickersham Design and Construction Lawyers:

Chris Noble has 30 years of legal experience representing architects and designers nationally and internationally. Chris, a graduate of Yale Law School, was a partner at Hill & Barlow where he chaired the Construction Law Practice Group before founding Noble & Wickersham. (Click here for full bio).

Jay Wickersham, FAIA, represents architects nationally and internationally and teaches at the Harvard Graduate School of Design. He has been elected a Fellow of the American Institute of Architects and serves as Secretary and general counsel of the Boston Society of Architects. Jay holds both law and architecture degrees from Harvard. (Click here for full bio).

Julie Taylor was in-house counsel for a major national construction company for nine years and worked for the US Environmental Protection Agency for five years. She was in private practice after her graduation from Harvard Law School. (Click here for full bio).

Bennet Heart joined Noble & Wickersham in 2007 after serving as General Counsel for the Massachusetts Executive Office of Environmental Affairs. Bennet, a graduate of George Washington University Law School, brings broad experience in environmental and land use law to enhance his construction law practice. (Click here for full bio).

Contact us:

Chris Noble 617-491-9814
Jay Wickersham 617-491-9815
Julie Taylor  617-491-9816
Bennet Heart  617-491-9820


1280 MASSACHUSETTS AVENUE • CAMBRIDGE, MA 02138 • TELEPHONE: 617-491-9800 • FAX: 617-491-9818

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