Construction

We have substantial experience handling construction claims and litigation on behalf of owners, including institutional clients such as corporations and universities, as well as on behalf of construction managers, specialty contractors, general contractors, and design and engineering firms. This has included cases brought in various courts and arbitration. We are familiar with and have handled cases under the principal forms of construction documents, and have first-hand experience with many of the common issues that arise under such documents. One of our partners, in addition to having substantial construction litigation experience, also frequently serves as an arbitrator and mediator in construction disputes, and through that has regular experience with many different counsel and parties assessing and considering construction disputes including the interpretation of many recurring legal, contractual, and factual issues that arise in the construction setting.

Representative cases include:

• Pursuing wind uplift claim relating to fully-adhered membrane roof on very large metal warehouse on behalf of construction manager against roofing subcontractor. A large portion of the roof had to be replaced because of poor adhesion of the membrane and failure to install the edge detail in accord with the design documents. The claim was submitted to AAA for arbitration and went through full hearings.
• Defending substantial claim seeking delay damages and other extras brought by electrical subcontractor against specialty integrated design and engineering firm relating to mass transit signal system in Cleveland. The case was brought as an arbitration and resolved though mediation in Chicago following extensive document work and analysis.
• Pursuing claim on behalf of senior living facility arising from spalling and cracking of brick façade. The claim involved an unusual collaborative negotiation by which the architect and contractor cooperated in investigating the failures, sharing expert reports, and agreeing on series of repairs following protracted assessment and negotiation. We developed the strategy and were successful in pursuing the program, which achieved the assessment and repair at no significant cost to owner, while avoiding litigation.
• Analyzing series of claims on behalf of mass transit signal system design and engineering firm relating to additional costs incurred for regional railroad signal system upgrade projects in metropolitan New York area.
• Pursuing claim on behalf of large manufacturing company arising from inadequate performance of air pollution control systems designed for major addition to its glass manufacturing facility. We investigated and commenced the claim and then suggested using mediation to resolve the claim at a relatively early stage. The mediation, held in Pittsburgh, was successful in achieving fair resolution of complex situation with otherwise uncertain outcome.
• Assessing and negotiating claim on behalf of a University relating to defective concrete in metal pan stair towers in ramp garage.
• Defending claim brought by general contractor seeking delay damages and extra work orders arising from concrete work at multi-fuel power plant at industrial facility.
• Handling of problems for University involving the construction of major ambulatory care facility at its medical center.
• Prosecuting claims of hotel owner against general contractor that allowed subcontractors to construct building with more than 300 faulty shower stall membranes. The owner recovered remediation costs incurred in connection with its retention of an alternative contractor, through a favorable settlement immediately prior to trial.
• Representing architect/engineering firm in defending claim arising from claimed defects in the structural design of a ramp garage facility in northern New York.
• Pursuing to successful resolution on behalf of the owner a $25 million claim involving the defective marble cladding of a high-rise office tower of unique design. This claim involved unusually complex legal, factual, and engineering issues. It required assessment and prosecution of claims arising from aggressive use of thin Italian marble panels for building cladding, which bowed and spalled as installed, and contentions that the marble anchorage system of shelf angles and dowels was inadequate. There also were light steel cage, caulking, and curtain wall deficiencies. The case was resolved after a second, multi-day mediation following more than 60 days of arbitration hearings held over two years. The hearings were interrupted by a motion to dismiss by the general contractor that was successful in the lower court, but reversed on appeal.
• Representing New York City-based engineering firm in defending claims relating to alleged deficiencies in documenting proper design of certain systems in Texas nuclear power plant, involving analysis and review of huge quantities of documentation regarding pipe hanger calculations and similar issues. The matter was resolved at a relatively early stage and on a practical basis.
• Prosecuting general contractor’s claim against concrete subcontractor and surety for delay in performing tilt-up construction on United Parcel Service terminal in Northern New Jersey Foreign Trade Zone, and negotiating favorable settlement with surety before engaging in expert discovery.
• Bringing claim on behalf of building owner against general contractor and architect for cost to replace office building roof, which was required due to premature deterioration of the fire retardant treated plywood roof deck. The action was favorably settled for the client through mediation.
• Pursuing claims through trial against contractor arising from series of construction deficiencies in residential construction, including water system, foundation walls, retaining walls, and defective electrical, plumbing and finish work.