Construction projects are fertile breeding grounds for disputes and conflicting claims often arise between the many parties involved in any given undertaking. Our Construction Litigation team has extensive experience in resolving the full range of claims that can arise before, during and after construction projects.
We have tried many cases to verdict and have obtained favorable and cost-effective settlements in hundreds of matters through early neutral evaluation, mediation and private and court-assisted arbitration.
Our highly experienced lawyers frequently write, speak and comment on construction and construction litigation issues. We know that construction projects can be enormously complex and risk-prone undertakings and that, to be effective, attorneys representing participants in the construction industry have to, as our attorneys do, understand their unique customs and jargon.
Our lawyers are experienced with the full range of construction and design claims that can arise during and after construction. Among the matters we have handled successfully are disputes involving:
- Denial of site access
- Design deficiencies
- Environmental hazards
- Structural failures
- Differing site conditions and changed conditions
- Slope and shoring failures
- Concrete failures and defects
- Claims for additional compensation for performing extra work
- Bonding issues
- Suspension of work and stop work orders
- Disruption and lost productivity claims
- Excessive work scope changes (cardinal change and cumulative impact)
- Inadequate project management/lack of proper coordination
- Inadequate inspection
- Failure to meet performance standards and guarantees
- Construction defects
- Late project completion
- Terminations for convenience and default
- Work-site accidents and safety violations
- Post-completion warranty claims
Whether a case involves a single plaintiff or a class action, a courtroom or arbitration, our Construction Litigation group can represent clients on a cost-effective basis. A small sample of the cases we have tried includes:
- In re Longview Power LLC. We represented Kvaerner North America in AAA arbitration proceedings, state court and bankruptcy proceedings concerning design, delay and defect claims totaling approximately $1 billion arising out of the construction of a super-critical coal fired power facility.
- In re 35W Bridge Collapse: We represented URS Corp. in more than 120 wrongful death and personal injury lawsuits brought by individuals and a breach of contract claim brought by the State of Minnesota following the collapse of an interstate highway bridge in Minneapolis. The case settled on terms favorable to our client.
- Bronx Criminal Courthouse Litigation. We defended a contractor hired to provide the curtain wall system in the Bronx Criminal Courthouse in complex construction defect and delay litigation involving over 40 parties and alleged damages in excess of $500 million; case settled with the owner of the property dismissing its $120 million claim against our client and agreeing to a favorable settlement.
- Christian Crockett, LLC – Vessel Development Project. We served as counsel to Christian Crockett, LLC in connection with the Vessel Bar development project in the historic 1926 Skinner Building in downtown Seattle and assisted them in swiftly resolving all permitting issues.
- Aker Kvaerner | IHI v. Bay, Ltd. We represented an EPC contractor in a AAA arbitration with a major subcontractor in a dispute related to the construction of a liquid natural gas facility. The amount in controversy included claims by a subcontractor in excess of $25 million. The case was presented to a panel of three AAA arbitrators in Houston over a period of 28 hearing days, and we obtained a successful result for our clients
- Gulf of Mexico Litigation. We represented a multinational Engineering, Procurement and Construction contractor with respect to multiple disputes on an energy project in the Gulf of Mexico that arose out of a series of hurricanes, a significant change in scope and a change in federal regulations. Our client made claims against the project owner in the hundreds of millions of dollars and we handled a mediation that successfully resolved the largest portions of the case.
- In re Mission Critical Data Center I. We served as lead trial counsel for national design-builder in a jury trial arising out of the design, construction and expansion of a data center for a Fortune 50 company. Through a combination of settlement proceeds, the jury’s apportionment of fault among the parties and the design-builder’s own coverage, the design-builder was made whole.
Industries & Practices
- Antitrust & Competition Law
- Class Action Litigation
- Commercial Litigation
- ERISA Litigation
- Franchise & Distribution Law
- Health Litigation
- Intellectual Property Litigation
- International Arbitration & Litigation
- Products Liability
- Securities & Financial Services Litigation & Enforcement
- Trusts & Estates Litigation