Construction Litigation

Our firm handles a variety of construction disputes.

We represent people and businesses from single family resident owners to homeowners’ associations with hundreds of members whose properties were built below standards and are suffering from unacceptable and sometimes dangerous conditions.  We work with top level experts in architecture, general contracting, specialty and subcontracting to investigate the problems, develop construction and economic solutions, and provide expert testimony supporting our clients at deposition, arbitration and trial.  We have worked for decades with the most experienced experts and “special masters” the courts usually assign such cases to, and are very experienced with the unique procedures these cases have, and the unique legal issues presented by them.

Many construction projects, from small, family remodels to housing developments to apartment complexes and large commercial buildings experience disputes between owners, designers, contractors, subcontractors and/or suppliers during and after construction.  We have represented many different entities in these disputes, some of which are resolved without going to court, and many of which are governed by “mandatory” arbitration provisions in the project contract documents.  We have extensive experience in resolving disputes that arise while a project is underway, and in hearings and binding arbitrations when matters do not settle.   Binding arbitration is a trial held before a neutral person chosen by the parties, usually a retired judge, and always with extensive knowledge of construction disputes.  The rules of evidence are more lenient than court and so the arbitration hearing takes less time than a court “trial.”

We also represent builders, designers and material manufacturers and suppliers who are either sued directly by owners or, more frequently, are sued by other entities as “cross-defendants.”  Businesses being sued are entitled to sue other entities who they believe have contributed to plaintiffs’ claims of damages (even if they think those are exaggerated) under a number of legal theories including “comparative fault,” “equitable indemnity” and “contribution.”

Many times there are contracts requiring the various trades to “indemnify” each other and/or provide “additional insured” endorsements for them.  These cases add the complexities of understanding insurance policies and the laws surrounding them, in addition to knowing and understanding construction projects, processes and professional standards of care.

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    Steven D. Penrose

    Practice Areas: Estate Planning, Estate and Trust Litigation, Business Succession Planning, Probate Litigation, Estate and Gift Tax Planning, Estates and Trusts, Fiduciary Law, Powers of Attorney, Advance Health Care Directives, Real Estate Law, Entity Formation, Civil Litigation

    Edward L. Chun

    Practice Areas: Real Estate Litigation, Trust and Estate Litigation, Business/General Litigation, Civil Litigation

    J. Kenneth Gorman

    Practice Areas: Estate and Trust Litigation, Civil Litigation, Construction Defects Litigation, Personal Injury, Business Litigation, Real Estate Litigation, Agricultural Litigation, Fire Damage Claims

    Anna M. Penrose-Levig

    Practice Areas: Estate Planning, Civil Litigation, Estates and Trusts, Powers of Attorney, Advance Health Care Directives

    Khrystsina Kisel

    Practice Areas: Estate Planning, Trust Administration, Probate Litigation, Civil Litigation