Litigation Representative Matters

Notable accomplishments by our attorneys in the construction field include:

• the defense of a local municipal utility authority against multi-million dollar delay, disruption and differing site condition claims by the contractor on the expansion of a huge wastewater treatment plant;
• the representation of the contractor against delay and extra work claims by its subcontractor regarding the construction of a large condominium project in Atlantic City, New Jersey;
• the representation of the owner of a hotel/casino in Atlantic City regarding delay and loss of business claims against the contractor following a major expansion project;
• the representation of the Pennsylvania Department of Transportation (PennDot) regarding delay, disruption, extra work and liquidated damages claims by and against the contractor for the renovation of the I-76 Schuylkill Expressway;
• the defense of a developer and general contractor in litigation in Baldwin County, Alabama involving multiple construction defect claims in five high-rise condominium buildings in Gulf Shores and Orange Beach, Alabama. We successfully resolved a middle eight-figure case for a fraction of claimed damages, and secured substantial contributions from subcontractors, design professionals and manufacturers;
• we represented the contractor before the District Court and the Third Circuit Court of Appeals in the leading case applying Pennsylvania law on indemnity and an additional insured's rights, in which the court ruled that a construction company, initially denied coverage by a subcontractor's insurance company, was entitled to coverage and counsel fees before the underlying case was resolved;
• the successful defense of a Lancaster County, Pennsylvania developer and general contractor in an EIFS construction defect claim involving 140 single-family homes;
• we served as the litigation consultant to our insurance company client's local counsel in Austin, Texas for two years in defending a first-tier subcontractor in a multiple construction defect claim involving an entire townhouse condominium neighborhood. Our efforts were instrumental in resolving this multi eight-figure case with a unique blend of money from insurers of all contractors, subcontractors, design professionals and manufacturers, first-party insurers, and a private investor who bought the entire neighborhood at a discount after the insurance money was contributed. The private investor then remediated and resold the neighborhood;
• we represented a subcontractor on a PennDot highway project and recovered substantial damages from the general contractor for the subcontractor's increased costs of performance that were caused by the general contractor's failure to properly schedule and coordinate the subcontractor's work;
• we represented an insurance company client as its last minute negotiator in round-the-clock, courthouse steps mediation in Denver, Colorado, resolving multi-million dollar claims against the developer and general contractor of a townhouse neighborhood involving multiple construction defects. We were successful in resolving this case for just a small portion of the claimed damages, and we secured substantial contributions to the overall settlement from other subcontractors, design professionals and manufacturers involved in the project;
• we served as our insurance company client's oversight counsel and negotiator in a 12 neighborhood, multi-defect construction defect lawsuit in Winter Park, Florida, resolving middle eight-figure claims against the insurer of the developer and general contractor for a tiny fraction of the claimed damages, the remainder being funded by substantial contributions from subcontractors, design professionals and manufacturers;
• we acted as an insurance company's oversight counsel and negotiator in litigation involving two mid-rise condominiums in Seattle, Washington, resolving multi-million dollar construction defect claims against a developer and general contractor for only a small portion of the plaintiffs' claimed damages, and we secured substantial contributions to the settlement from subcontractors, design professionals and manufacturers;
• we represented a roof and floor truss manufacturer in a construction defect matter in New Jersey brought by a condominium association demanding the complete demolition and rebuild of a seventeen (17) building complex with more than one hundred (100) units;
• we represented a general contractor and an owner in Philadelphia, Pennsylvania in claims for contract and negligence damages brought by neighboring property owners who suffered cracking and collapse of portions of their foundations during site excavation and construction of a one hundred seventy (170) unit mixed-use development in the Old City section of Philadelphia.