Construction Claims and Defects


The Construction Practice Group provides guidance on issues that may confront a construction company or contractor within the course of design and construction administration. The attorneys focus on construction litigation, suretyship and contracting law. They also have significant litigation experience involving OSHA, ANSI, local, state and federal regulations, AIA contracts, indemnity disputes, defense of defects and pursuit of claims.

In construction defect matters, attorneys assist construction companies and contractors in the handling of claims and litigation involving work site delays, work suspension, acceleration clauses, defective work, lack of payment, termination, and surety matters. Attorneys counsel clients on contract provisions, handle pre-suit negotiations of claims, work with experts and consultants on dispute resolution and, when necessary, represent clients in mediation, arbitration, trial and appeals.

The attorneys take a practical approach to disputes and litigation matters so that clients clearly understand the issues at hand such as liability exposure, the costs of litigation, and the likelihood of success in litigation, thereby allowing clients to make informed decisions on how to most effectively move toward a beneficial resolution.

Representations have included:

  • A multi-million dollar construction company in claims litigation.
  • A construction contractor in recovering on unpaid contracts and defending workmanship claims.
  • An architectural firm in a trial involving design defect claims by a school board.
  • Recovery of fees not paid and verdict in favor of client for design defects.
  • Arbitration as a result of design/construction defects for a design build firm.


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