Sussman

Construction Litigation

Our Construction Litigation team is made up of experienced attorneys who understand the issues, complexities and business relationships surrounding any construction project.  We help subcontractors, material suppliers, property owners, homeowners, homeowner associations and tenants fight for the best possible resolution of their construction disputes. 

We also regularly work with creditors and debtors in construction-related bankruptcies, insolvencies and work out negotiations with their lender.  We solve problems and protect our clients' interests on contract formation issues, contract disputes, bid disputes and protests, project delay claims, construction defect issues and bond and lien claims.

Representative Experience

  • We successfully defended a roofing materials manufacturer against claims of breach of warranty, negligence and product liability asserted by a hotel chain owner. We used mediation to resolve claims by multiple parties exceeding $3 million.

  • We successfully defended an owner/developer's allegations against an electrical subcontractor on a multimillion dollar project and recovered all sums owed our client. This case was unique because the main controversy was submitted to binding arbitration despite an arbitration provision in the contract. After obtaining a favorable arbitration decision, we enforced our client's construction lien in court for a full recovery of its claim.

  • We defended a national distributor of commercial and residential plumbing materials in an action by the general contractor for product liability, breach of warranty and "bet the company" loss of profits and business opportunities. Our client settled for less than 1% of the general contractor's claim as a result of meticulous review of discovery documents leading to a concession that the general contractor suffered no lost profits or business opportunities.


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