Joe Colagiovanni is Chair of Sonnenschein’s Construction Practice and a member of the Firm’s Real Estate, International and Hospitality Groups. Mr. Colagiovanni’s practice centers on construction, architectural, engineering and development law (including related finance), both domestically and internationally. He has been involved in many major construction projects, including utility and infrastructure systems, bridges and roadways, water treatment and distribution facilities, environmental management and cleanup, large-scale commercial and residential complexes, automobile assembly plants, industrial and manufacturing facilities, hospitals, sports arenas and convention centers, hotel and resort developments, power plants, renovation and rehabilitation of historic structures, research facilities, casinos, museums and entertainment complexes. His experience in this regard also includes recent representation of Indian Tribes with respect to large-scale development projects and the unique issues associated with tribal sovereign nations undertaking such activities.
Mr. Colagiovanni's experience in the construction and development area includes the following:
- Negotiation and documentation of equity, debt and public financing for construction and development projects, including tax credit and TIF financing
- Negotiation and documentation of design, construction, construction management, design/build, interior design, special engineering and consulting contracts, maintenance and fixturing agreements, program management, subcontract and supply agreements and related collateral documentation including easements and rights of way, collateral assignments and consents, disbursement and escrow agreements, and requests for bids and proposals
- Counseling and advice regarding insurance, bonding and liability and risk management in connection with development design and construction, including performance, payment, maintenance and guarantee bonds, builder’s risk and property insurance, OCIP, wrap-up and other project-specific insurance programs, related indemnity and security issues, and negotiation and documentation of insurance, bonding and related agreements
Mr. Colagiovanni also has extensive experience in connection with privatization and public-private partnerships both in the United States and abroad. Outside the U.S., he has been involved in projects located in China, Taiwan, Indonesia, India, Pakistan, Australia, Japan, Chile, Venezuela, Colombia, Mexico, Canada, France, Germany, Italy, Great Britain, Spain, Saudi Arabia, Yemen and the United Arab Emirates.
Prior to joining Sonnenschein, Mr. Colagiovanni was a partner with the law firm of Bryan Cave in St. Louis, Mo. Before that, he was an assistant attorney general for the state of Missouri and developed expertise in education law (he served as trial counsel in the eight-month Kansas City school desegregation litigation), alcoholic beverage licensing and regulation and advertising, unfair trade practice and business trade offense matters.
Currently, Mr. Colagiovanni is an adjunct professor of construction law at Washington University.
Representative Experience
Prosecution and defense of claims in litigation or arbitration (and related mediation) with respect to design, development and construction include:
- Counseling and advice with respect to minority business creation in the construction, design and development area, and negotiation and documentation of related joint ventures, limited liability companies and new corporate entities and representation with respect to MBE/WBE/DBE and SBA regulatory compliance
- Workout and bankruptcy counseling relating to troubled development and construction projects, including prosecution of related claims and adversary proceedings
- Counseling and advice with respect to vertically and horizontally integrated joint ventures for construction and development, including related financing, insurance, structuring and risk management advice and documentation of associated agreements
- Counseling and advice regarding construction labor matters, including craft and trade union issues, project labor agreements and jurisdictional disputes and safety compliance and regulation, including OSHA
- Development of standard form agreements for construction, design and related work and services
- Counseling and advice regarding intellectual property issues related to design and construction and negotiation and documentation of related agreements, counseling and advice with respect to licensing and regulatory compliance matters for construction and design businesses, including registration and licensing requirements for American businesses performing work outside the United States and foreign companies and licensed professionals doing business inside the U.S.