Disputes & Litigation
In the construction world, disputes are inevitable. Scope changes, contract issues, failure to pay, poor communication, site conditions, project delays, liens…these are just a few potholes that may lead to a dispute.
Our skilled team partners with you to provide expert counsel throughout the lifecycle of your construction project.
We understand the varying construction-related issues that exist in different industries. And, when a dispute arises, we understand know that no matter the sector, your challenge is the amount of time and money that is required to handle these disputes.
We plan for your disputes, so you can get back to your plans
We are not just a team of litigators. We share your love for construction and have a particular interest in your individual project. Construction disputes are complex and document-heavy, requiring subject-matter experts with an understanding of the technical details involved.
A primary goal of ours is to pave the way for a successful and smooth completion to your project in a timely and profitable manner. While the foundation for achieving this goal lies in thoughtful counseling during the contract negotiation or bidding processes, disputes on the jobsite or after project closeout can frequently arise, despite the most careful planning. Such disputes may involve defective design or construction, failure to pay, lien claims (both public and private), delay claims, and payment and performance bond claims.
Know your options
When a dispute arises, there are a few ways to move forward, one of which is litigation. We regularly litigate construction disputes ranging in scope from hundred-million-dollar, multi-party commercial construction disputes to residential construction and renovation matters. In many cases, we can support you in resolving disputes through direct negotiation or mediation, thereby avoiding the costs and delays associated with litigation. In the event a dispute cannot be resolved in this manner we are equipped and prepared for litigation in court or private arbitration anywhere in the nation.
We have seasoned litigators on our team with a strong track record of successfully litigating construction disputes in state and federal courts, routinely taking matters through trial and subsequent appeal.
There are important distinctions between arbitration and litigation. We work with you to fully understand the benefits and potential drawbacks of each for your business. Arbitration is a common method for resolving disputes, and one that is often required by the construction contract. We routinely appear before arbitral bodies including JAMS and the American Arbitration Association and are experts in these arbitral forums.
Early Dispute Resolution and Mediation
Mediation is another potential option and is required by many construction contracts as a condition to more formal litigation either in arbitration or court. We recognize the importance of mediation for resolving a construction dispute before further costs and delays are incurred by formal litigation. We maintain a strong track record of positioning construction disputes where possible.
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