Construction Litigation

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When facing complex litigation matters, you need a team that not only commands the courtroom but one that also has a thorough understanding of the laws and regulations governing your industry. With 18 offices located throughout North America, Dickinson Wright construction litigators have successfully prosecuted and defended difficult construction disputes in state and federal courts throughout the country, saving our clients millions of dollars in damages. Based on a thorough understanding of our clients’ business operations and objectives, we customize plans to effectively protect their interests. 

 

Our team  advocates  before judges, juries, and industry arbitration panels, representing private and public owners, general contractors, subcontractors, suppliers, lenders, developers, construction managers and design professionals in a broad range of construction projects including:

 

  •  Hotels
  •  Casinos
  • Manufacturing

  •  Bridges
  •  Tunnels
  •  Roads
  •  Retail
  •  Highways

 

Our Team

 

Members of our construction litigation practice have handled multiple appeals that have been critical to the development of construction law, and they frequently speak at construction law seminars on topics such as emerging construction trends and litigation issues. Additionally, our construction litigators are recognized by Best Lawyers®, Super Lawyers®, and other leading evaluating organizations for excellent representation.


Our Services

 

Our knowledge of both the courtroom and the construction site allows us to provide our clients with informed and experienced choices. We are well-positioned to anticipate trends in the construction industry and address the challenges they present. From establishing pre-litigation strategies and risk avoidance techniques to alternative dispute resolution and aggressive litigation, our construction litigators represent clients through the final resolution of each matter. Our construction litigation experience covers a range of issues, including:

 

  • Defective design (architectural & engineering)

  • Contractor & subcontractor disputes

  • Professional liability

  • Lien & foreclosure claims

  • Defective workmanship

  • Terminations

  • Delay, disruption, & prolongation claims

  • Bond & guarantees

  • Insurance claims

  • Copyright infringement and eminent domain

  • Audits

  • Property tax appeals

  • Personal injury

  • Investigations

  • Wrongful death & Consumer Protection Act claims (CPA)

  • Enforcement actions

  • Mechanic's & materialmen’s liens

  • Litigation brought by government authorities 

Representative Matters

 

–Represented oil and gas exploration and production companies in claims of groundwater pollution brought by landowners in Southeast Louisiana. The Plaintiffs sought in excess of $500 million in damages from over 50 defendants. Our aggressive litigation strategy resulted in the lowest settlement of any of the defendants in the case and very favorable terms for our clients.

 

–Obtained a $3.2 million trial verdict on behalf of a national construction company against an earth retention contractor for breach of contract and delays and a no-cause award on the counter claims of breach of contract and wrongful termination.

–Represented a major educational facility to obtain a multi-million dollar settlement for product liability and defective construction claims.

 

Successfully litigated a $12 million construction defect claim for the owner of a hospital in Tulsa, Oklahoma. The claims involved defects in the building envelope which caused major moisture intrusion issues.

 

Represented a tire manufacturer in claims brought by over 100 adjoining property owners seeking in excess of $50 million in damages for air and groundwater pollution. After completing discovery and beginning the first day of trial, the claims of all plaintiffs were settled on very favorable terms for our client.

Represented a refractory subcontractor in an $8 million payment dispute with the general contractor of a circulating fluidized bed, lignite coal power plant in Mississippi. After a one week trial, the jury returned a verdict in favor of the client for the full amount of its damages.

 

Litigated a construction defect dispute for a developer of a regional healthcare facility. The claims involved allegations of improper foundation work resulting in settling of the building.

 

Represented the owner of multiple hospitals in Pennsylvania in litigation with a general contractor who constructed two facilities for our client.  The claims are in excess of $8 million dollars and include allegations of kickbacks and fraud.

 

Representated a large university in Tennessee with respect to various construction projects, including the litigation of multiple claims.

 

Represented the general contractor of a large condominium project in Tennessee in disputes with the owner and subcontractors regarding change order, nonpayment, defective work, back charge and liens claims in excess of $30M.n excess of $1M.

 

Prosecuted a million-dollar construction delay claim against MDOT involving bridge work over a major expressway in Michigan.

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