Residential Construction

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Dickinson Wright is a proud partner to many national and regional developers and homebuilders. Our construction attorneys are experienced in all aspects of residential development and construction. From land development planning and entitlement, to claim defense and prosecution, our attorneys are there to assist our clients in reasonable and business-oriented problem solving.

Many of our construction lawyers have substantial experience in contract document preparation and review. Whether preparing a master trade agreement spanning multiple years and projects or reviewing a project specific purchase agreement, Dickinson Wright attorneys advise our clients on best practices to ensure that the client’s interests are fully protected and that risk is properly allocated.

It is an unfortunate truth that contingent-fee construction-defect attorneys routinely mass solicit homeowners in residential communities. Our team is experienced in assisting clients in responding to and defeating such solicitation. They are also highly experienced in defending construction defect claims. We have successfully defended hundreds of construction defect claims involving issues as varied as complex geotechnical engineering claims, fire cause and origin, and wrongful death.

Proper risk allocation is a critical need for many of our construction clients. Dickinson Wright attorneys are skilled in evaluating project documentation to ensure adequate insurance coverage exists and that project subcontractors and material suppliers will timely and properly remedy problematic work and also defend and indemnify for claims arising from their work.

We are also skilled in advising clients on workmanship, public report, and disclosure issues. Our construction lawyers have successfully represented numerous clients before many state administrative agencies.

Representative Experience:

Representation of homebuilders in numerous construction defect mass actions brought by homeowners. These matters involve claims in litigation and in arbitration. Two examples are successful results in mass actions of a group of 29 homeowners who asserted drainage deficiencies leading to flooding and a group of 60 homeowners alleging improper roofs, stucco and concrete.

Representation of a large nationwide homebuilder in a putative class action brought by homeowners alleging improper disclosure of utility expenses in a subdivision public report. The Dickinson Wright team successfully defeated the request for class certification. The case involved novel issues of the alleged disclosure of future utility expenses and an analysis of subdivision statutes and regulations.

Representation of residential developer clients that has led to court decisions critical to the development of Arizona construction law such as: the enforcement of arbitration provisions; the enforceability of construction statute of repose; the scope of the economic loss doctrine and tort duties owed by contractors for economic losses.
Representation of large homebuilder in a wrongful death claim alleged to have resulted from the installation of a mechanical system at the claimants’ home.

Representation of a manufacturer of modular housing in construction defect litigation. After a two week jury trial, the jury returned a verdict in favor of our client on all counts.

Representation of an international general contractor on disputes totaling $30 million regarding the construction of a large multi-family housing development.

Representation of a major homebuilder in the defense of more than fifty (50) cases brought under Title III of the Americans with Disabilities Act (“ADA”) in the United States District Court.

Representation of a general contractor in what was then the longest construction arbitration ever conducted before the American Arbitration Association. The arbitration involved disputes over the construction of offsite and onsite improvements for a large residential project.

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