Representative Cases:
Click on the category below to view representative cases specific to that area of service.

EXPERIENCE:

Constuction

Public Contract Law

Representation of local government public works agency re construction of wastewater treatment plant and claims for defective work and delays against general contractor.

Represented Public Sewer District in $6M litigation against engineer, contractor and contractor’s surety in Federal court. The owner alleged defective work by the contractor and invoked its rights under the performance bond. The surety denied liability claiming that the engineer failed to properly carry out construction observations. The case involved many technical issues regarding construction activities performed by the contractor. We obtained a favorable settlement from the surety and engineer on behalf of the owner through the mediation process.

Representation of public school systems owner on bidding and construction of three elementary schools and addressing field performance and extra work claims and disputes.

Professional Liability

Defended architectural firm from litigation brought by public entity involving $50 million claim for damages on a public library project, involving claims of deficient construction observation and administration services, and damages relating to extensive repairs, delay claims, cost overruns, increased bond and insurance costs, and indemnity for settlements with other prime contractors and subcontractors.

Represented engineering firm and individual engineers in multi-million dollar property damage case alleging inter alia, defective design of storm water drainage system for subdivision and improper removal of real estate from floodplain; successfully argued summary judgment motion based upon lack of duty and economic loss doctrine.

Represented architectural firm in multi-million dollar property damage and delay damages case relating to the renovation of and addition to library. Case settled at mediation well before trial.

Litigation and defense of defective design claims against design professionals including owner claims against an architect on a commercial multi-unit housing project.

Litigation and defense of defective design claims in multiple suits against a structural engineer in bridge collapse litigation.

Litigation and defense of project architect against electrical prime contractor claim for delays due to alleged defective plans and specifications on public school claim.

Represented engineering firm in personal injury and property damage case after plaintiff drove off bridge being reconstructed which was designed by said firm.

Represented architectural firm in multi-million dollar property damage and delay damages case relating to the renovation of and addition to library.

Represented consulting engineering firm in two cases arising out of an auto accident at a newly opened federal highway interchange resulting in the death of one of the vehicle operators and severe injuries to a passenger. Allegations include improper design of the interchange and inappropriate signage.

Represented an architect in a third-party indemnity action involving leaking windows and resulting interior damage at a newly constructed school facility.

Engaged in two cases (subrogation and personal injury) arising out of a multi-million dollar explosion involving the aluminum dust collection and processing system at an industrial facility. Consulting engineering client was involved in preparation of preliminary plans and specifications in order for addition to facility housing the system to be constructed on a design-build basis.

Represented a design professional entity that provided architectural and construction management services for the design and construction of an industrial warehouse incorporating a material processing conveyor system. Suit was brought by worker who lost his leg in conveyor belt accident and involves allegations of negligent design of the facility housing the conveyor belt system.

Represented consulting engineer that provided design and construction inspection services for an industrial park project at which a contractor’s employee sustained injuries when he fell into an unprotected culvert box.

Represented a design professional entity that provided architectural and construction management services for the design and construction of new church facility. Allegations largely focus on the alleged negligent design of the facility’s roofing system, windows and EIFS, resulting in significant leakage damages and mold.

Represented a civil engineering firm in a case brought by owners of homes contiguous to a new subdivision development that allegedly sustained significant water intrusion damages because of the alleged inappropriate design and installation of the subdivision’s drainage system.

Represented engineering firm to resolve dispute involving alleged design errors in hot water boilers, HVAC, and electrical components of hotel remodeling project.

Represented architectural firm to resolve claim alleging negligent inspection of commercial building damage in severe wind storm.

Represented architectural firm to resolve claim alleging negligent design of fire station house, including HVAC and electrical components.

Represented engineering firm to resolve claim involving design errors relating to storm water drainage system for residential subdivision.

Represented engineering firm to resolve claim involving design errors relating to leaking lagoon associated with waste water treatment plant.

Represented surveyor in claim involving construction of a home that encroaches on contiguous property due to inaccurate surveyor location report.

Represented consulting engineering firm in claim involving leaking sanitary sewer line installed as part of a municipal infrastructure improvement project.

Represented an architectural firm in a claim focused on the alleged improper design and installation of moisture barrier, thru wall flashing and weep holes at a church facility.

Represented architectural firm in implementation of a remedial plan to resolve a claim involving significant subsidence of a retaining wall and slab on grade at a new county library facility.

Represented a consulting engineering firm in a claim involving the erroneous designation of a flood plain limit on the plans for a residential subdivision resulting in cancellation of the project.

Represented a consulting engineering firm in resolution of a claim involving alleged improper drainage of athletic facilities (football field and track facilities) at a large high school.

Represented a consulting engineering firm in resolving a claim involving errors made in the calculation of hydraulic pumping pressure in regard to a unique ammonia heating and cooling system at an industrial facility.

Represented architectural firm to resolve wrongful death of teenage boy who died in an elementary school being constructed utilizing firm’s design.

Changes & Differing Site Conditions

Arbitration of claim on behalf of general contractor involving additional work claims against public owner on a waste disposal facility project.

Litigation of differing site conditions and delay and impact claim on behalf of general contractor on an outdoor retail center project.

Litigation of general contractor claims involving $800,000 in claims for additional costs and constructive changes against local and state agencies on public works levee project.

Arbitration of claim on behalf of site utility contractor involving differing site conditions and delays on a local government underground utilities project.

Represented contractor in $1M arbitration of claims alleged by subcontractor. The subcontractor alleged claims of changed conditions, contractor caused extras, and delays. The case was administered by the American Arbitration Association and a three person panel was appointed. We obtained a favorable ruling from the arbitrators after a three day arbitration and extensive briefing.

Represented hotel owner in $500K litigation involving claims by contractor for extra work and counter-claims against contractor for defective work. We obtained a favorable judgment on behalf of the owner after a six day bench trial and extensive briefing.

Construction Defects

Represented trade contractor in $600K arbitration against supplier for defective work and delayed performance. The case involved claims by the trade contractor for increased cost of performance as a result of the suppliers’ failure to properly design and construct structural elements of a college dormitory. We successfully negotiated a settlement with the supplier at mediation on behalf of the trade contractor.

Multi-party litigation defense of the general contractor/CM constructor in construction and design defects case involving a major independent university football stadium.

Delay & Impact Claims

Litigation on behalf of public school systems owner re claims for delays and defective work involving parallel prime contractors, the project construction manager and project architect.

Arbitration of claim on behalf of steel fabricator of delay and impact claims due to defective plans and specifications on convention center project.

Litigation and mediation on behalf of a mechanical prime contractor involving a $1.5 million constructive changes, delay and impact claim against the owner of a steel mini-mill project.

Litigation of general contractor claims involving $1.9 million in delay damages against the owner agencies on two state construction projects.

Representation of structural steel contractor on delay, impact and additional work claims due to defective plans and specifications on sports stadium project.

Represented a public university regarding claims for delays and impacts from a parallel prime general contractor on the construction of a new medical center project. The parallel prime sought more than $2.4 million in delay and impact damages arising from alleged loss of productivity, extended general conditions, increased overtime, project equipment and winter protection costs, and labor escalation costs. The Owner’s defense and prosecution of counterclaims for nonperformance centered on the identification and analysis of the causal connections between the alleged owner-caused delays and the overall delays in construction and the damages sought by the prime. This required extensive analysis of the project changes and schedule, as well as the coordination and development of expert analysis to address causation and liability grounds.

Litigation of a steel subcontractor and fabricator regarding claims for delay and impact, defective structural design and mechanic’s lien foreclosure involving general contractor and design team on a church project. The dispute involved defects in the structural design drawings, including, specifically, significant changes in the design of the main (primary) members, secondary members, and connections of the structural steel system. The prosecution of these claims required a detailed analysis of the structural design and corresponding loads and connections, the detailing and shop drawing process, the project schedule, the contractual duties and obligations of the parties, as well as the coordination and development of engineering and cost impact expert analysis of the claims.

Defaults & Terminations

Arbitration and subsequent litigation of a steel fabricator default and termination claim against a lower tier subcontractor-erector on a large, commercial office project.

Litigation and mediation for a construction manager/general contractor’s $1.5 million claim for termination, nonpayment and mechanic’s lien foreclosure on a $120 million plus casino project.

Litigation of wrongful termination claim on behalf of prime contractor on Navy project involving installation of a gun range.

Litigation of termination case by general contractor of a trade subcontractor on a commercial office and retail building.

Litigation and defense of construction manager and architect on a multi-million dollar new construction project in Indianapolis, Indiana involving defective work and performance claims. The project owner pursued breach of contract and negligence claims for defective design relating to the exterior roof and wall cladding system on the part of the architect and defective performance of the construction manager’s contractual duties. The defense of these claims required extensive engineering investigation and analysis to address defective work claims. Responsibilities included an analysis of the project design and construction, and the contractual duties and obligations of the construction manager, as well as the coordination and development of engineering analysis to identify and allocate responsibility for construction defects. The parties also utilized a form of hybrid alternative dispute resolution called technical mediation in order to resolve the matter.

Surety Law & Bond Claims

Representation and defense of performance and payment bond surety on general contractor performance bond claim from public owner on a local government library project and on payment claims from subcontractors and suppliers.

Litigation and prosecution of dozens of Federal Miller Act and local government statutory bond claims on behalf of general or prime contractors, subcontractors and suppliers on various public projects.

Litigation on behalf of performance bond surety defending against termination of principal and prosecution of defective roof claim against roof system manufacturer on a public library project.

Litigation and defense of performance and payment bond surety on multiple performance bond defaults by a general contractor on five public works projects for local government entities and IDNR and on payment claims from subcontractors and suppliers.

Representation and defense in litigation of performance and payment bond sureties on cases involving contractor termination claims by government agencies, and on subcontractor payment claims, involving over 25 military base projects throughout the United States.

Construction Arbitration & Mediation

Arbitration of case on behalf of site utility prime contractor involving delay and impact claims on a public waterways project.

Arbitration of case on behalf of prime mechanical trade contractor involving delay and impact claims for a school project.

Arbitration on behalf of owner involving defective work by site contractor on city housing development project.

Alternative Dispute Resolution

Arbitrator on construction cases involving a termination dispute and payment/back-charge claims between a developer and a lumber company; a defective work dispute between the owner and contractor on a commercial retail store project; a mechanic’s lien claim dispute between owner and prime contractor; and a defective work dispute between an owner and trade contractor on a multi-million dollar residential home project.

Mediator in construction cases involving three party disputes between the owner, contractor and subcontractor on a public works jail project and on a commercial office project.

Commercial Litigation

Litigation of general contractor claims $2.1 million in breach of contract damages against developers of a commercial mall project in Michigan, with defense against subcontractor claims for nonpayment.

Trials & Appeals

Represented contractor in claim against the surety on Federal construction project through trial.

Represented general contractor and surety on public works bond claims through appeal.