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 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 construction activities. Additionally, our attorneys are well-versed on OSHA investigations arising from construction accidents leading to catastrophic injuries or deaths, and are oftentimes called upon to provide immediate on-site assistance following an accident.
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 have also handled OSHA “repeat,” “willful,” and “serious” citations, and effectively had the citations reduced in classification, penalty, or had them dismissed altogether. Further, our team has also aggressively litigated dozens of contractual indemnification claims.
Attorneys
Partner
Partner
Partner
Founding Partner and Co-Chair of Construction, Crane and Heavy Equipment Litigation Practice Group
Partner
Partner
Founding Partner
Associate
Partner
Partner
Partner
Partner
Of Counsel
Of Counsel
Partner and Co-Chair of Construction, Crane and Heavy Equipment Litigation Practice Group
Founding Partner
President
Partner
