Construction

Construction claims can create a risk of exposure to significant liability and damages. Handling these types of claims requires technical experience and a knowledge base that is not routinely encountered in other areas of practice. Our attorneys have educational backgrounds in the engineering field and they also have many years of technical experience in the design, engineering, and construction of all types of projects. When things go wrong, we understand the issues faced by architects, engineers, surveyors, contractors, developers, associations and owners. This has given us the ability to identify potential resolutions of disputes early on before matters escalate and protract into costly litigation. However, when litigation is unavoidable, our clients have the confidence in knowing that our attorneys have participated in a wide range of large scale construction projects throughout the country and will be prepared with the knowledge and experience to handle their disputes through all levels of trial and appellate litigation, including mediation and arbitration.

Our attorneys provide a full range of legal services to clients in all aspects of construction, including:

  • Claims against Architects, Engineers and Surveyors
  • Mass Tort and Pollution Claims
  • Contract Disputes
  • Construction Defects and Warranty Claims
  • Scheduling and Delay Clams
  • Construction Lien Claims
  • Surety Bond Claims
  • Property Damage Claims
  • Bid Protests and Award Disputes
  • OSHA Compliance
  • ADA Claims

Legislative Updates

SB 924 Civil Actions Against Insurers (Brandes) Providing that, in third-party bad faith actions against insurers, insureds and claimants have the burden to prove that an insurer acted in reckless disregard for insured rights which resulted in damage to the insured or the claimant; providing that insured or claimant actions or inactions are relevant in bad faith actions; providing that an insurer is not liable if certain conditions are met; providing that an insurer is not liable beyond available policy limits as to certain competing third-party claims if it files an interpleader action within a certain timeframe, etc. Effective Date: 7/1/2020

 

SB 1488 Construction Defects (Gruters) Specifying that certain disclosures and documents must be provided before a claimant may file an action; revising the timeframes within which certain persons are required to serve a written response to a notice of claim; providing requirements for the repair of alleged construction defects; prohibiting certain persons from requiring advance payments for certain repairs; requiring parties to a construction defect claim to participate in certain mandatory nonbinding arbitration within a specified time, etc. Effective Date: 7/1/2020

 

HB 295 Construction Defects (Santiago) Requires specified real estate licensees to disclose construction defect claim relating to residential real property & its outcome; revises provisions relating to construction defects including notice of claim requirements, inspections of property subject to claim, & service of copies of notice; provides jury verdict & final judgment requirements; requires seller of real property to disclose specified information relating to construction defect to buyer; requires claimant to notify mortgagee or assignee within specified timeframe after settlement or judgment of construction defect claim; requires claimant to update notice within specified timeframe under certain circumstances. Effective Date: July 1, 2020