We represent contractors, subcontractors and suppliers, sureties, design professionals, construction managers and owners in resolving complex construction disputes. Our lawyers have extensive federal, state and administrative litigation and arbitration experience. We have the resources to meet the needs of large national and multi-national corporations as well as those of small to mid-sized companies and individuals, from pre-litigation negotiation through appeal.
Since construction projects face the challenges of high risk and tight profit margins, we know that you can ill afford extensive litigation costs. Getting the best results for you is our prime consideration. We help you conduct business in ways that minimize the chance of you ending up in court or arbitration, and we can effectively manage the costs if you find yourself there.
When the potential for a dispute arises, our lawyers work with senior management and project managers to analyze the issues involved, assess the paper trail from the pre-construction to completion phases, and map out legal alternatives. We assist in managing the projected costs. Whether through litigation, mediation, arbitration or other alternative dispute resolution techniques, we pursue legal solutions that meet business objectives. In any dispute resolution proceeding we do our best to position you to prevail—determining the optimum outcome, evidence, creating clear and compelling themes, and preparing direct and cross-examination that best conveys your position to the fact-finder.
Some types of construction claims we handle:
- Delay, acceleration, impact, and inefficiency claims
- Defective plans and specifications
- Construction defect claims
- Payment and performance issues
- Wrongful termination
- Cost overrun and extra work claims
- Bond and lien claims
- Surveying errors
- Insurance coverage
- Jobsite injury
- Professional fee disputes
- Differing site conditions
- Bid disputes
- Industrial and offshore claims
- Change order disputes
- Breach of contract
- Warranty issues
- Deceptive trade practices
Representative examples of the solutions we provide:
- Defending a large chemical company against a $300 million fraud and breach of contract claim by one of the world's largest construction companies.
- Helping a general contractor recover and collect a multi-million dollar judgment against a national supplier/subcontractor for delay claims involving fraud, breach of contract and deceptive trade practices.
- Representation of a contractor in litigation with a defaulting subcontractor's surety regarding defective work in three power plants.
- Counseling sureties in the numerous takeover alternatives involved in completing multiple public and private projects, including the takeover of a defaulted general contractor on multiple public and private projects simultaneously.
- Representation of a large Houston general contractor in a lawsuit over whether severe differential foundation movement was caused by failure of architect and engineer to design building to accommodate the existing soil conditions or caused by construction defects of subcontractor.
- Working with contractors and sureties to prosecute extra work claims, delay claims and differing site condition claims against various U.S. governmental entities, from the Request for Equitable Adjustment stage through the Board of Contract Appeals.
- Successful recovery of delay and extra work claim for a subcontractor against the U.S. Army Corp of Engineers.
- Representation of a large general contractor in a multi-million dollar AAA international arbitration involving a Kuwaiti subcontractor's claims for vehicles that were lost, damaged, and/or destroyed during the Restore Iraqi Oil Project. The venue for this arbitration was The Hague.
- Representation of a general contractor in a large AAA international arbitration involving the construction of a residential water well in Southern Iraq. The subcontractor claimed millions of dollars in damages consisting of extra work and equipment rental charges. The venue for this arbitration was London.
- Representation of a general contractor in a $38 million AAA domestic arbitration involving claims made by a Kuwaiti subcontractor for equipment damage. The general contractor asserted a counterclaim against the subcontractor for $50 million for conduct which prompted the U.S. government to disallow payments to the general contractor under the prime contract. The venue for this arbitration was Virginia.