Our Firm’s experience in construction disputes and litigation encompasses all of the participants in the construction process, including developers, owners, construction managers, contractors, subcontractors, suppliers, design professionals, and lenders. We have represented these types of clients in matters relating to construction defects, mechanics liens, delay and extra work claims, suretyship and bond claims, real estate and development contractual issues, and claims relating to bid protests and other public procurement issues.
In construction litigation, our goal is to help our clients find practical business solutions to today’s complex issues. We regularly counsel clients on litigation-avoidance procedures. But when litigation becomes necessary, we bring our considerable experience and expertise to bear on behalf of our clients to represent their interests in state and federal courts, in alternative dispute resolution processes, and before public bodies and administrative agencies.
In construction litigation time is often a critical factor. Therefore, quick and efficient resolution of disputes is very important to our clients. Our alternative fee arrangements and our Firm policy of delivering exceptional service serves our construction litigation clients well.
Some representative matters in which our attorneys have assisted clients in construction disputes are:
- Representation of a hotel owner in a dispute with the architect and engineer regarding the failure to account for the brick load of the facade of the multi-story hotel. During mediation our client was able to recover the additional costs incurred from the architect and engineer, who had originally disclaimed responsibility for the loss.
- Representation of homeowners in the national class action lawsuit involving the failure of the exterior insulation finishing system (EIFS) on their home. We successfully prosecuted an appeal to the special master which resulted in a recovery for the clients of an amount an excess of the normal recovery from the settlement fund.
- Successful defense of a large industrial general contractor in a federal lawsuit claiming payments were owed to a sub-subcontractor for additional costs incurred and that it had converted sums owed to the subcontractor.
For additional information on Burke Costanza & Carberry’s construction litigation services, please contact Kevin E. Steele in the Merrillville office.