Typical Cases
We represent all those involved with the Construction Industry on a wide variety of claims including, but not limited to, the following:
- Residential, Commercial, Industrial, and Educational construction defects, delays, and design issues;
- Construction site accidents (e.g., wall and trench collapses, floor opening, scaffolding failures, crush injuries, inadequate bracing, equipment failure, electric shock, explosions, tripping hazards, OSHA violations, lack of training, wrongful death, etc.);
- Payment Bond claims and defenses;
- Performance Bond claims and defenses;
- Mechanics’ Liens;
- Attachments;
- Debt collection and Payment issues;
- Defective building and quality of work claims;
- Breach of Contract claims;
- Scope of work disputes;
- Insurance Coverage issues;
- Bidding issues;
- Bid Protests;
- Contract drafting and negotiating (owner/contractor agreements, contractor/subcontractor agreements, subcontractor/second-tier subcontractor agreements, design professional and consultant agreements, etc.);
- Contract review and interpretation (indemnification, additional insured, pay if paid, standard of care, etc.);
- Delay claims;
- Backcharge claims;
- Change order issues;
- Liquidated damage claims;
- Code interpretation;
- License challenge issues before Administrative Agencies; and
- Mold injuries, damages, and remediation.
A sampling of the construction and design defect claims we have prosecuted and defended include, but are not limited to, the following:
- Masonry (type of block, mortar joints, sealant, color, etc.);
- Concrete (sump, strength, reinforcing, depth, additives, etc.);
- Water and moisture infiltration (caulking and sealing, sub-slab fill, weep hole design and maintenance, vapor/moisture barriers, watertables, geotechnical considerations, drainage, etc.);
- Bracing (whose scope of work, type of bracing, bracing plans, etc.);
- Framing (type and adequacy, notching, structural integrity, etc.);
- Structural steel (fabrication and design problems, reversed anchor bolts, connecting procedures, welding, tagging crane, safety issues, crane rental agreements, choker selection, venting box columns, etc.);
- Sprinklers (type of pipe, pitch, maintenance, inspections, blockage, freeze ups, dry verses wet, water gongs, compressors, NFPA requirements, etc.);
- Insulation (placement, type, movement by others, etc.);
- Alarms (addressable, final acceptance testing, effectiveness, etc.);
- Scaffolding (design, placement, materials, erection, etc.);
- Demolition (scope of work, hazardous materials, safety procedures, etc.);
- Concealed and changed job site conditions (ledge, inspectors’ responsibilities, incomplete and inaccurate plans, etc.);
- Design services (adequacy of plans, errors in plans, scope of services, construction administration inspections, etc.);
- Coordination (sequencing, unavailability of materials, substantial equivalent, incomplete prerequisites for starting work, etc.); and
- Insurance (reservation of rights, applicability to loss, self-insured retentions, additional insured status, Primary and Excess policies, insured verses uninsured losses, performance bonds verses liability insurance, etc.).
This list is by no means exhaustive. We have handled hundreds of construction cases.