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Dispute Resolution
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When construction claims arise, our team members are experienced in all forms of traditional and alternative dispute resolution (ADR), enabling us to help resolve these disputes in an efficient and effective manner. We have handled construction matters before state and federal courts, as well as arbitration proceedings, across the United States.

Our construction team includes attorneys who are members of the American Arbitration Association's (AAA) National Roster of Arbitrators and Mediators. We have participated in a wide range of ADR proceedings, including mediations, dispute review boards, mini-trials, summary jury trials, structured negotiations, and other vehicles for resolving disputes in an efficient manner. We have also provided clients with second opinions regarding liability, quantum and case strategy.

We have experience with all types of construction claims, including bonds and liens, change orders, contractor licensing, defective design, defective materials and equipment, defective or nonconforming work, delay and disruption, differing site conditions, equitable adjustment, extra work, payment, productivity, safety violations, scope of work, termination and warranty.

Our construction team includes attorneys with over 25 years of experience advising and representing contract sureties in the resolution of payment and performance bond claims and in the negotiation of takeover agreements.

Representative Matters

• Represented a contractor in consolidated class and individual actions claiming that the New Orleans area hurricane protection system failed during Hurricane Katrina due to design and construction defects.

• Represented a contractor in a defective workmanship claim arising out of a condominium project.

• Represented a contractor in its defense against claims that site work damaged the economic development potential of an owner's property.

• Represented a contractor in multiple contract disputes with subcontractors regarding Hurricane Katrina construction contracts.

• Represented a demolition contractor in a payment dispute with the purchaser of an industrial plant.

• Represented a design consultant relative to a contractor's claim for equitable adjustment for deletion and disruption of sewer rehabilitation work.

• Represented a general contractor and its surety against a public owner and its engineers arising out of the construction of a state-of-the-art control and data acquisition system.

• Represented a general contractor in subcontractor and sub-subcontractor disputes relative to the erection of two 4-LT container cranes for the Port of New Orleans.

• Represented a major university in a contract dispute with a contractor involving repairs to the university following Hurricane Katrina.

• Represented a mall owner in its defense against a general contractor's claim for equitable adjustment in connection with renovation work.

• Represented a marine contractor in a dispute with an engineering subcontractor regarding defective design of suction caissons for a deepwater oil and gas production platform

• Represented a national retailer in disputes with the Louisiana Contractor Licensing Board.

• Represented an airport program manager in multiple suits arising out of a contractor's termination.

• Represented an electrical contractor in a delay and disruption claim against the owner of a cogeneration facility.

• Represented an EPC contractor in a payment dispute with a refinery owner.

• Represented an equipment manufacturer in litigation alleging design, installation and equipment defects in the heating, ventilating and air conditioning system of a 10-story hospital addition, resulting in an award to our client of $4.2 million in business interruption damages.

• Represented an industrial contractor in a payment dispute with a petrochemical plant owner.

• Represented an owner in breach of warranty litigation relating to the failure of steel mill overhead cranes.

• Represented the lessee of a major hospital in an AAA arbitration with its lessor regarding allocation of $100 million in construction costs.

• Represented the low bidder on a large public project seeking injunctive relief in state and federal courts.

• Represented a national surety in a variety of payment and performance bond claims.

• Represented a steel fabricator in prosecution of and defense against actions in the power generating industry.

• Represented a manufacturer of complex water filtration systems in a dispute over performance specifications on a coal fired electric generation plant.

• Represented a contractor in its dispute with an international airport over runway rehabilitation.

Publications

  • "Declaring an Early Victory: Effectively Using Declaratory Judgment to Timely Resolve Fundamental Contract Interpretation Disputes on Federal Government Contracts"
    The Construction Lawyer,
    Journal of the ABA Forum on Construction Law, Summer 2016