Business and Commercial Litigation

Our business and commercial litigators counsel executives, board directors and stakeholders at companies of all sizes on both complex and day-to-day disputes.

Our lawyers assist clients with corporate litigation, securities litigation, franchise disputes, RICO and consumer protection litigation, and real estate and tax assessment disputes. We also work in tandem with the firm’s other divisions to advise clients on their litigation exposure to product liability problems, insurance coverage issues, cyber liability disputes and beyond.

EXTENSIVE PROFESSIONAL EXPERIENCE

All business activity presents opportunity for conflict. Organizations confronting disputes that entail high-stakes, “bet-the-company” litigation need the right legal team in their corner to execute appropriate litigation plans that achieve their desired results. We are well equipped to guide your company boldly through the challenges of commercial litigation. Our lawyers have routinely worked with Fortune 500 companies, insurance companies, reinsurance organizations and real estate conglomerates to manage the issues impacting their businesses. We have worked with car dealerships, food manufacturers and other manufacturing companies to address their commercial contracts, governance matters and corporate transactional conflicts.

COLLEGIAL AND COLLABORATIVE WITH CLIENTS

We pride ourselves on handling commercial litigation matters with creativity and focus. We do not merely hand off our cases to associates who are unfamiliar with your needs and goals. Instead, we organize a team of attorneys who will meet with you to discuss your case expectations and review your file materials, allowing us to assess how to resolve your dispute in the most efficient, effective manner. Our lawyers embrace the complex challenges that accompany commercial litigation and will work with you to develop the right approach to secure injunctions, handle franchise disputes and navigate real estate financing conflicts. Our collective experience working with in-house counsel allows us to understand and relate to our clients’ sensitive, ever-changing needs.

CREATIVE SOLUTIONS TO LITIGATION

When handling commercial law disputes, it can take creativity to achieve the best results. We do not see litigation as an obstacle, but use it as an opportunity to further our clients’ interests. Our lawyers apply this principle to their litigation practice every day. Our attorneys, for example, have used civil litigation mechanisms, debt restructuring, workouts and stock-related strategies to help a water company prevail over a new competitor at trial. In doing so, our lawyers helped this client obtain a new water rights agreement and funnel in new capital. Our lawyers have also negotiated pre-arbitration settlements that have prompted significant stock gains, trying cases to verdict at all levels of federal and state courts.

Our business and commercial litigation team is here to help you resolve your disputes successfully. Regardless of your situation, we will work with you to craft customized litigation strategies that will help you address or dispose of litigation in a manner that best suits your organization’s needs.

CONSTRUCTION DEFECT AND CONSTRUCTION WORKSITE LITIGATION

Construction litigation is a special emphasis of ours. Our attorneys have defended construction claims ranging from catastrophic injuries to crane accidents to property damage throughout the United States and in Puerto Rico.

Our lawyers draw upon their extensive experience to help construction managers, general contractors, subcontractors, suppliers and other clients navigate the full array of issues facing the industry today. With significant in-house experience in a variety of roles, our lawyers can provide practical, cost-efficient guidance in the following areas:

LITIGATING CONSTRUCTION AND PAYMENT DISPUTES

When formal disputes are unavoidable, the lawyers in our construction law practice are skilled advocates in the courtroom, zealously litigating to restore the rights and protect the interests of our clients.

CHALLENGING AND PROTESTING BIDS FOR PUBLIC PROJECTS

Our lawyers work with general contractors and subcontractors to challenge unfair and potentially illegal federal, state and local public project bid awards in a timely and efficient manner. We guide them through the decision to take action, gather evidence and assemble materials to support their claims while meeting strict deadlines and protecting them against possible retaliation.

CONSTRUCTION DEFECT CLAIMS

Construction defects can take on many shapes and sizes, from defects in the foundation that result in structural problems to holes in the HVAC vents in the roof that cause significant water infiltration. These flaws lead to liability and insurance coverage claims by and between owners, construction managers and subcontractors.

Our lawyers have broad experience in handling construction defect claims. Our construction defect capabilities include residential and commercial structural defects and property damage claims. Our attorneys have defended a variety of property owners, developers, construction managers, general contractors, subcontractors, design professionals, and others against claims of faulty workmanship.

We have extensive experience handling multi-million dollar property loss cases arising from:

• Defective Drainage Plane Construction
• Defective floor Coating Applications
• Defective Windows
• Direct Applied Finish Systems
• Exterior Insulation Finish Systems (EIFS)
• Improper Vinyl Siding Installation
• Mold Claims
• Roof Leaks
• Structural Design Flaws
• Traditional Stucco Claims (Portland Cement Plaster)

CRAFTING CLAIMS FOR DELAYS AND DIFFERING SITE CONDITIONS

Whether caused by differing site conditions, a party’s fault or job shutdown due to a global pandemic, delays – one of the most common claims in construction litigation – can produce significant costs that range from extended general conditions to consequential damages to liquidated damages. Our construction law attorneys have helped clients resolve delay claims on numerous projects, working closely with experts who are able to track whether a delay is within the critical path to substantial completion.

PRESENTING AND NEGOTIATING CHANGE ORDER CLAIMS

Change orders are necessary on every job to provide for extensions of time, differing site conditions, changes in project design and numerous other circumstances that were not foreseen at the start of the project. The cost involved in covering these changes can often be contested, and we have been involved in helping clients achieve the right result.

ASSERTING CLAIMS AGAINST SURETIES FOR PAYMENT AND PERFORMANCE BONDS

A surety issues payment bonds to protect property owners from exposure to claims from its contractor’s unpaid subcontractors or suppliers. A surety also issues performance bonds to protect owners from the contractor’s failed performance. Our lawyers, one of whom served as in-house claims counsel at a surety, recognize how to engage and harness surety law in a manner that is most likely to achieve coverage.

RECORDING LIENS FOR NONPAYMENT AGAINST OWNERS

Mechanics and construction liens can be cost-effective tools for contractors to record the value of unpaid contractual improvements against the property. We work with clients to ensure proper use of liens that align with strict statutory requirements.

RESOLVING ISSUES THROUGH MEDIATION AND ARBITRATION

Many construction contracts and statutes explicitly require the use of one or more modes of alternative dispute resolution. The lawyers in our construction practice have extensive experience in mediation and arbitration, and their ability to articulate – effectively and persuasively – the material substance of the underlying construction dispute provides clients with a distinct advantage in these situations.

COUNSELING CLIENTS ON RISK AVOIDANCE

The best way to avoid risks and exposure on a project is by way of the contract or subcontract. Our attorneys have the experience and foresight to determine the risks of a given job and protect our clients through a contract’s terms and conditions.

CONSTRUCTION WORKSITE INJURY

The defense of construction site injury claims is one of our primary practice areas. A number of our attorneys have for decades been defending a wide range of construction-related injury claims throughout the United States and in Puerto Rico. Within this specialty area, our lawyers have successfully defended a variety of concerns within the construction industry. Our experience in defending a host of different claims provides us with a unique insight and ability to aggressively represent our clients. Our attorneys are often called upon to assist in the investigation and defense of catastrophic personal injury and wrongful death claims arising from a construction activities.

Our construction accident experience includes:

• Building Collapses
• Contractor Safety Violations (OSHA, MSHA, Etc.)
• Crane Accidents
• Electrical Accidents (Circuit Breakers, Bus Bars, Transformers, etc.)
• Excavation and Trench Collapses
• Explosions
• Multi-Story Fall Downs
• Pile Driving Accidents
• Power Line Injuries
• Roadway Construction Accidents
• Scaffolding Accidents
• Structure and Roof Collapses
• Worksite Assault

Our skilled construction defense attorneys have negotiated de minimus settlements in numerous multimillion dollar catastrophic injury cases, and in many cases we have helped our clients avoid settlement contributions altogether. Our lawyers also aggressively litigated contractual indemnification claims.