construction litigation

Issues will arise on every construction project, from the simplest residential addition to the most complex multi-prime construction project.

Disputes can come up at any time in the project: before construction starts, during the bidding process or in connection with permits and approvals; or during the course of construction, due to delays in performance or payment, cost overruns, or missing or defective work or materials; or after construction is supposedly complete, if punch list work remains to be done or final inspections require further work. Some disputes involving latent or hidden defects may not arise until years after construction is complete.

Our attorneys have many years of experience in resolving all kinds and sizes of construction disputes. These include straightforward payment claims, as well as complex claims involving disputed change orders, project delays, design and/or construction errors, and lost profits. Our clients have included corporate and institutional owners, developers, bond sureties, surety consultants, general contractors, sub-contractors, suppliers, and design professionals. We have represented these clients before a wide variety of courts and administrative bodies. We have also achieved successful resolutions without litigation, through contractual or court-ordered mediation and arbitration.

Our representative cases in this area include:

• Our client, a major university, was sued for millions of dollars by a steel subcontractor on a major construction project. The subcontractor asserted claims for wrongful termination, as well as damages resulting from alleged design defects and project delays. We negotiated a favorable settlement through a private mediation. 
• The same university asserted claims in another case after construction defects in the exterior walls and roof of a multi-building campus housing project led to leaks, water infiltration, and damage to walls, carpets and ceilings. Defendants in this complex case included the construction manager, architect, and multiple subcontractors and material suppliers. After a multi-day court-ordered mediation, we obtained a settlement on terms that were very favorable for the client. 
• We successfully represented a major university against a multi-million dollar construction claim brought by a terminated general contractor and its surety, which involved every part of the building from the foundation to the roof. The general contractor claimed it was wrongfully terminated. The surety claimed it was entitled to payment for millions of dollars in cost overruns. Our client asserted counter-claims for defective work and improper project management. After extensive discovery and several days of private mediation, we obtained a settlement favorable to our client.
• We represented a major Philadelphia real estate developer in successfully resolving numerous mechanics’ liens, lien enforcement actions, and payment disputes with contractors, subcontractors, and design professionals, arising out of a series of construction and renovation projects.
• We represented a Philadelphia restaurant owner in successfully resolving over two dozen mechanics’ lien claims filed against the restaurant property.
• Our client, a neighborhood swim club, was involved in a construction dispute with a contractor who failed to complete the pool renovation work in time for the summer swim season. The contractor asserted claims for extra work and extended overhead, and the swim club asserted cross-claims for delay. After a non-jury trial, the case was decided favorably to the swim club.
• Our client, a national real estate investment trust, sought our assistance in asserting construction defect claims based on severe condensation inside the roof of a large newly constructed warehouse building. The claim was promptly settled on terms that were favorable for our client.

Representative cases:

Colory Metals, Inc. v. Trustees of Princeton University (N.J. Super. Ct. Law Div. 2011). BLF represented the University in a dispute with a window contractor, arising out of defects in leaded glass replacement windows installed in historic campus buildings. ... Read More

Trustees of Princeton University v. The Henderson Corp. (N.J. Super. Ct. Law Div. 2010). BLF represented Princeton University in this construction defect lawsuit involving latent defects in a student apartment complex on the University's campus. ... Read More

George & Lynch v. Cereza Energy, Inc. et al. (Del. Superior Ct. 2010). BLF jointly represented a property owner and a project owner in lawsuits arising from damage during construction of a gas pipeline that caused an oil spill . ... Read More

Trustees of Princeton University v. Skanska USA Building, Inc. et al. (N.J. Superior Ct. 2009). BLF represented the University in a dispute with a general contractor, after stone panels on the exterior of a newly-constructed building began to exhibit cracking and spalling, creating a dangerous condition. ... Read More

Myers Construction v. Vincent G. Fasano, et al.(N.Y. Law Div. 2009). BLF attorneys successfully defended surety consulting companies and their principals against claims of tortious interference and breach of contract in these consolidated construction cases. ... Read More

La Liberte, LLC v. Keating Bldg. Corp. (E.D. Pa. 2007). BLF defended a performance bond surety against third-party claims in this construction suit. ... Read More

Quinn Construction, Inc. v. Skanska USA Building, Inc. (E.D. Pa.). BLF attorneys defended the University of Pennsylvania - the owner of a construction project - against multi-million dollar claims asserted by the Project manager, Skanska. ... Read More

Lawblog posts:

Pennsylvania's Mechanics Lien Law - an introduction

What Pennsylvania homeowners should know about the Home Improvement Consumer Protection Act