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Construction Litigation

We represent virtually every sector of the construction industry—from developers and owners to general contractors and subcontractors to material suppliers and manufacturers—in both commercial and residential projects and litigation. Our experience extends not only private projects but public contracting as well, where we have represented clients in claims and disputes against both the state and federal government. We have worked on cases throughout the Southeast, including matters involving breach of contract, lien and bond claims, surety takeover agreements, construction defect claims, products liability disputes over building materials, and toxic mold claims.

Services

Our services for the construction industry are broad and include:

  • Litigate all manner of construction cases, from breach of contract claims to negligent construction and product defects
  • Represent clients in both pursuing and defending lien and bond claims, including claims under the federal Miller Act and the state Little Miller Act.
  • Review and negotiate both standard form contracts (AIA, ConsensusDocs, EJCDC, etc.) and custom construction contracts
  • Give project-level advice to guide clients through troubled projects and avoid litigation
  • Defend OSHA citations issued by the North Carolina Department of Labor
  • Licensure for general contractors, trades, and design professionals and defend disciplinary action by licensing boards
  • Obtain DBE, MWBE, and HUB certifications from North Carolina Department of Transportation and the North Carolina Department of Administration
  • Represent performance bond sureties in negotiating takeover agreements and defending claims in takeover situations.
  • Commercial collections and judgment enforcement

Experience

Our lawyers have represented clients in the following types of construction matters:

  • Defending a major manufacturer of Exterior Insulation and Finish Systems ("EIFS") against product liability and construction defect claims asserted in class actions and individual lawsuits.
  • Representing a federal Miller Act surety in a performance bond claim on a project owned by the National Guard
  • Defending a general contract against lien and bond claims by lower tier subcontractors on a state construction project after default by a first tier subcontractor
  • Defending numerous general contractors against construction defect claims asserted in class actions and numerous individual lawsuits involving EIFS.
  • Representing a large general contractor in complex multi-party litigation over water intrusion and other defects in a luxury condominium complex
  • Defending home builders and developers against claims of moisture intrusion and mold growth, including personal injury claims arising from alleged exposure to mold.
  • Representing a licensed plumber in disciplinary action before the North Carolina State Board of Examiners of Plumbing, Heating, and Fire Sprinkler Contractors
  • Representing a water tank maintenance contractor in payment disputes with both public and private owners
  • Representing a landscape contractor against the NCDOT in a payment dispute over a highway project
  • Representing a large, multi-state concrete subcontractor in a payment dispute with the general contractor and owner on a high rise hotel and condominium project
  • Defending an HVAC contractor in a class action alleging that construction defects caused mold growth in public schools and resulting personal injuries to students.
  • Representing owners of commercial buildings in disputes regarding the construction of their facilities.

Experience

Our lawyers have represented clients in the following types of construction matters:

  • Defending a major manufacturer of Exterior Insulation and Finish Systems (“EIFS”) against product liability and construction defect claims asserted in class actions and individual lawsuits.
  • Defending numerous general contractors against construction defect claims asserted in class actions and numerous individual lawsuits involving EIFS.
  • Defending home builders and developers against claims of moisture intrusion and mold growth, including personal injury claims arising from alleged exposure to mold.
  • Defending an HVAC contractor in a class action alleging that construction defects caused mold growth in public schools and resulting in personal injuries to students.
  • Representing performance bond sureties in negotiating agreements and defending claims in takeover situations.
  • Representing clients in pursuing and defending lien claims, including claims under the Miller Act and the Little Miller Act.
  • Representing owners of commercial buildings in disputes regarding the construction of their facilities.