Practices |
Construction
Dispute Resolution
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Our attorneys have handled construction matters before all tiers of the state and federal court system, and before state and federal administrative agencies and contract appeals boards. We also have participated in construction arbitration proceedings of all types, domestic and international.
We are an active member of the American Arbitration Association, the Center for Public Resources' Institute for Dispute Resolution, and the United States Council for International Business (the US National Committee of the International Chamber of Commerce). Our attorneys have participated with international and US clients in many alternative dispute resolution proceedings, including mediations, dispute review boards, mini-trials, structured negotiations, and other expedited methods for resolving disputes efficiently and expeditiously.
Our attorneys have extensive experience with all of the issues that arise in construction disputes. We have particular experience with defects claims and claims for extra work, as well as delay and disruption issues, including actual and constructive acceleration and claims for lost labor and equipment productivity. Our attorneys regularly utilize sophisticated scheduling techniques, both to monitor and evaluate field construction while under way and to prepare and defend against claims for extensions of time, relief from imposition of liquidated or actual damages, and default termination.
We have significant experience with claims arising from incomplete or defective design (warranty of specification suitability), inadequate and uncoordinated project management, excessive changes (cardinal change), impossibility and commercial impracticability, differing site conditions, slope and shoring failures and other soils-related problems, denial of site access, defective materials and equipment, improper inspection, failures of concrete and other structural elements, safety violations, rejection and repair of nonconforming work, inadequate crew-loading, environmental hazards, terminations for default and convenience, mechanic's liens, stop notices, payment and performance bonds (including federal Miller Act and state Little Miller Act bonds), and post-completion warranty issues.
Construction practice areas of focus:
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