Defect & Warranty Claims
Construction defect and warranty claims come in all shapes and sizes. The attorneys in our Construction Practice Group have the expertise to handle any case, no matter how large or small. These can include large townhouse or condominium developments, single family homes, commercial or industrial buildings, and renovations of all kinds. We frequently counsel clients regarding claims against any party involved in a project, including owners, developers, construction managers, general contractors, subcontractors, product suppliers, architects and engineers.
Our attorneys involve experts early in litigation where appropriate to distill the sometimes complex construction issues that arise, an approach which often pays great dividends as a case moves forward. We also strive for cost-efficiency in defect cases that would otherwise be exceedingly expensive. Our regular use of alternate dispute resolution techniques such as mediation and arbitration support this approach.
As governmental entities have expanded their implementation of mandates and offering of incentives, the construction industry has seen a drastic increase in the number of sustainable or “green” construction projects across the country. As green or sustainable construction becomes more commonplace, it is evident that developers, design professionals, contractors, and their respective insurers will be confronted with evolving legal obligations, expanding standards of care, and unique potential liabilities. Recognizing the need for our clients to have efficient and innovative legal support in this new and expanding area, GRSLB&G has taken the lead, and developed the Sustainable Construction Practice Group. Using our decades of experience representing clients in all aspects of traditional Construction Litigation, GRSLB&G has taken a step into the future to ensure that, as the construction industry continues to grow and evolve, our clients will have expert, legal support to meet their ever changing needs.
Property Damage Claims
Construction defects can also lead to property damage, either to the structure itself or one of its components, or to other property within or adjacent to the structure. Our attorneys frequently litigate cases dealing with property damage caused by construction, and are experts in litigating these cases efficiently and effectively.
Townhouse and condominium developments, and other similar forms of community-based developments, present a set of unique legal challenges and issues in the realm of construction law. Handling claims in this area requires an understanding of how associations function, as well as the laws that can apply to association-related claims. Both the Consumer Fraud Act and the Planned Real Estate Development Full Disclosure Act (“PREDFDA”) are laws that often become implicated in association cases.
The attorneys in the Construction Practice Group at GRSLB&G are experts in recognizing the issues in association cases and negotiating the challenges that are unique to this area of law. We represent all parties in these actions including associations themselves, developers, contractors, construction managers, general contractors, subcontractors, product suppliers, architects and engineers.
Construction Delay Claims
The time of completion for construction projects is always critical. Delays in construction can cause damage to any of the parties involved, from the owner to the contractor to the construction manager. Delay claims can result from any number of factors, including unknown or unforeseen conditions, design errors, construction errors, or they can result from requests for information, requests for change orders, or many other administrative factors. The attorneys in our Construction Practice Group have the specialized knowledge to litigate delay claims of any type.
Just as developers and contractors are often exposed to claims for defects in the construction performed in the field, architects, engineers, and other design professionals are frequently exposed to claims for defects in their designs. These claims can arise from errors or omissions in the preparation of drawings or specifications, as well as administrative activities of the design professional in responding to requests for information, requests for change orders, or inspections and oversight of the project. These matters require specialized knowledge of the standards governing the work of design professionals, knowledge that is possessed by the attorneys in the Construction Practice Group at GRSLB&G. Our attorneys regularly counsel clients in cases involving design defect/errors and omissions claims.
Clients can become involved in litigation through a subpoena for testimony or through a demand for production of documents, without actually being named in litigation. In some cases, our clients are aware of a claim lingering on the horizon which has not yet found its way to the court system. Our intention is to keep clients from being included in a costly litigation process through pre-claim assistance. We also assess the potential for liability and exposure in the event that litigation is inevitable. We counsel our clients how to respond to such pre-litigation demands, represent their interests during depositions, and develop a strategy as to how best to either avoid or respond to potential litigation.
Construction Site Injuries
Accidents at construction sites can cause bodily harm ranging from relatively minor “soft tissue” injuries to serious, catastrophic or even fatal injuries, GRSLB&G has amassed over 50 years of experience in defending. individual and corporate developers, builders, engineers and contractors and their insurance carriers against claims involving every level of personal injury at virtually all types of construction projects, including single-family homes, condominium developments, commercial buildings, industrial facilities, waterfront developments, utility construction sites and institutional construction sites, We are also available to coordinate the immediate on-site investigation of accidents with our attorneys, investigators and experts in accident reconstruction, GRSLB&G seeks to obtain the most efficient and effective resolution of our cases at the earliest appropriate stage, When early resolution is not possible, our experienced trial attorneys will effectively and aggressively defend our clients at trial. We work closely with our clients to ensure that their specific needs are met throughout each stage of the litigation process until the matter is resolved.
Construction Related Insurance
The claims that arise out of construction projects understandably give rise to a variety of insurance-related concerns. These frequently involve disputes between an insurance company and its insured over the denial of a claim. Disputes also arise quite frequently concerning “additional insured” coverage for parties based on policy provisions or clauses in construction contracts. Declaratory Judgment actions involving these types of claims, and others, can be asserted as part of an underlying defect action or in a separate piece of litigation. The attorneys in our Construction Practice Group work in conjunction with our Insurance Coverage Group to address all insurance issues that affect our clients, and to litigate those coverage disputes where necessary to maximize protection for our clients.