Frederick E. Hedberg has more than 20 years of experience handling complex construction and commercial matters, both as a transactional attorney and as an experienced litigator. In addition to his legal experience, prior to becoming an attorney, Fred practiced as a licensed civil and structural engineer for over 10 years, thereby gaining an in-depth knowledge and understanding of all phases of a construction project. Fred’s clients include public, institutional and private owners, developers, general and specialty contractors, design professionals, sureties, financial institutions and insurance companies. Fred represents clients in federal and state courts and before arbitration panels and administrative governmental tribunals on all types of project-related claims and disputes.
Contract Procurement + Project Delivery
Fred represents public, institutional and private owners, developers, governmental agencies, architectural and engineering firms, and general and specialty contractors in drafting and negotiating many types of development and construction-related agreements. He routinely draws upon the experience and knowledge that he acquired as a professional engineer designing and managing the construction of submarines, power plants and other energy projects, and transportation facilities in delivering agreements that clearly identify each parties’ responsibilities while at the same time fairly allocating risk among the parties and providing incentives for cooperation and performance. To achieve these goals, he counsels his clients on important contract provisions regarding the scope of the project, costs, payment, changes in the work, insurance, claims, indemnity, limitations on liability, termination and dispute resolution.
Fred has significant experience with various project delivery methods, including design-bid-build, design-bid, integrated project delivery and public-private partnerships. He has drafted and negotiated numerous construction-related agreements on behalf of developers, contractors and design professionals using custom and standard industry forms, including from the American Institute of Architects (AIA), ConsensusDocs, and the Engineers Joint Contract Documents Committee (EJCDC), for a wide range of construction projects, including apartment buildings, schools, churches, healthcare facilities, colleges, senior centers, commercial office buildings, athletic facilities, retail stores, manufacturing facilities and high-end residential homes.
Dispute Resolution
The goal in every construction project is to ensure that all contingencies are addressed in the contract documents prior to executing construction-related agreements and commencing the work. Inevitably, however, challenges and unanticipated disputes often arise regarding changes in scope, additional work, defective design or construction, delays and disruptions, and payment. The best protection against such challenges and disputes is an agreement that clearly identifies the parties’ rights and obligations, and the consequences of breaching such obligations. Additionally, early identification of such challenges and disputes, combined with sound, legal assessment and strategic guidance, is critical to protecting a client’s business and financial interests, and ultimately ensuring the overall success of a construction project. Fred has extensive experience counseling clients during the development and construction of many different types of projects to avoid claims, and to properly document and follow contract provisions to preserve and protect claims in the event claims should arise.
When claims arise on construction projects, Fred is an experienced advocate. He has mediated and litigated construction disputes involving bid disputes, changes in the work, additional work, unforeseen conditions, delay and disruption, termination, design and construction defects, contract non-payment, liquidated damages, insurance and surety issues. Fred has represented clients in cases involving a wide range of residential, commercial and industrial construction projects, including state and municipal facilities, commercial office buildings, apartment building complexes, continuing care retirement facilities, condominium complexes, athletic facilities, retail stores, conference and retreat centers, military facilities, restaurants, high rise office buildings, universities, and municipal buildings.
Fred is a longtime member of the commercial and construction panel of neutrals for the American Dispute Resolution Center, Inc. He has chaired several arbitrations, and also has served as a private mediator in various construction-based disputes. Fred also regularly represents clients in pro bono matters in the drafting and negotiation of design and construction contracts, and in the resolution of construction and landlord-tenant disputes.
Fred is a Fellow in the Construction Lawyers Society of America, an invitation-only construction lawyer honorary society with membership limited to 1,200 practicing Fellows from the United States and internationally. He has lectured on and authored articles on a variety of topics relating to construction, surety and engineering, and he contributes to our firm’s blog, Construction Law Zone.
