This quick action is reminiscent of what occurred last year almost 1,200 miles south in Sanibel Island, Florida after a category four hurricane destroyed the causeway, isolating the residents and rendering aid and clean-up almost impossible. While the hurricane made landfall in Florida on September 28, residents could access the island through a temporary causeway only 22 days later on October 19, 2022. In fact, construction of the temporary causeway was completed almost two weeks ahead of schedule.

These incidents demonstrate the remarkable ability of the heavy highway industry to tackle large and complicated problems quickly; the state transportation officials, engineers, contractors, laborers, operators and suppliers (and countless others) will get to work and stay at work to help the public and goods move. But as a lawyer, I can’t help but think of the many ways legal teams and lawyers could have prevented such quick action. These two horrible events also share something else—evidence that good lawyers can work quickly with their clients to accomplish their goals.

Lawyers, by nature, are deliberate and risk-averse. Our job is to spot as many potential problems down the road and work to prevent them. This type of mindset, while important to an organization and one that can ultimately save money, can also slow the start of projects as contractual terms are painfully negotiated, letters are drafted, and trainings provided.

Luckily for Pennsylvania and Florida drivers, when these catastrophic events occurred, lawyers did not act as inhibitors but, instead, as partners. Governor Josh Shapiro credited his general counsel, Jennifer Selber, and her office for quickly implementing the legal framework to accommodate the quick commencement of construction activities. A similar tale of quick contracting occurred in Florida.

A day after the Florida Department of Transportation (FDOT) mobilized to assess the situation in Sanibel, it decided to issue two progressive design-build contracts to Florida contractors. One of the entities that received a contract from FDOT was a joint venture that came together right after the hurricane, which ensured access to the hard-to-reach site from both the north and south. While a joint venture agreement is far from simple, the lawyers involved acted as partners to the contractors and completed the deal rather than serving as unnecessary red tape. Working as a partner means understanding a client’s business, goals, motivations, and timeline. While many lawyers may not see themselves on the project team, their actions or inactions could prevent the team from accomplishing their important work. A creative and solutions-oriented construction lawyer is a team member and should see themselves as one.

This type of mindsight is central to our lawyering at Cohen Seglias. We see ourselves as partners to your business who will ensure you are protected without holding up the achievement of your business goals.