Construction & Design Dispute Resolution
In particular, our attorneys focus on delay, disruption, and acceleration claims, payment claims, contract defaults and terminations, construction defects, design changes and deficiencies, concealed and unforeseen conditions, structural failures, surety claims, mechanic’s liens, project takeover issues, and interpretation, reformation or rescission of contract terms.
Arent Fox represents a broad cross-section of clients on construction projects, including owners, developers, construction managers, contractors, architects, engineers, and project managers, at every stage of proceedings, from initial claim through trial and appeal. Often, however, litigation is not in the client’s best interest, and we frequently use expedited dispute resolution, mediation, and other alternative dispute resolution mechanisms to resolve disputes favorably without the necessity of trial.
How We Help
- Construction Risk Management
- Expedited Dispute Resolution During Construction Administration Phase
- Arbitration and other Alternative Dispute Resolution
- Litigation and Appeals in State and Federal Court
Illustrating the depth of Arent Fox’s experience, our group represents clients in cases involving a wide range of projects, including office buildings, multifamily housing and residential condominiums, health care facilities, bridges, courthouses, industrial process facilities, sports stadiums, roads, shopping centers, power plants, subway facilities, and insurance-related claims on behalf of insureds. In addition, our group works closely with our Real Estate and Insurance practices.
- Defending the City of New York against claims exceeding $1 billion arising from the collapse of 7 World Trade Center on September 11, 2001;
- Representing a cultural institution in connection with litigation and mediation against the construction manager of a project involving the modernization of a state-of-the-art building, and in project close-out issues;
- Representing a professional sports team in mediation with the design-builder of the team’s new stadium.
- Representing a hospital in disputes with the design-builder of a project involving substantial renovations and upgrades to the hospital’s facilities;
- Representing building owners in litigation and mediation against their construction and design teams due to significant defective conditions they left in a historic building;
- Representing a museum in connection with mediation against the construction manager of a project involving the construction of a new multi-building complex;
- Representing the owners/developers of senior living facilities in disputes with the construction manager of a new housing complex;
- Representation of a developer in litigation against adjacent property owners involving construction access license agreements;
- Representing a major contractor in connection with claims arising out substantial upgrades to subway lines in the City of New York;
- Representing a private school in litigation with the general contractor for its renovation and modernization of its campus buildings;
- Representing design professionals in cases that involves copyright infringement of their design drawings;
- Representing the owner and operator of a new ethanol plant in its dispute with the design-build contractor over design defects, defective workmanship, and cost overruns;
- Representing the owner of a food products company in litigation against the general contractor of its new headquarters;
- Advising clients in disputes concerning mechanic’s liens, lien law trust funds, and lien priorities;
- Representing a major owner/developer, who was building a $60 million multi-tenant mall in the New York metropolitan area, against the general contractor and its surety;
- Advising one of the largest mall developers in the Northeast in construction and design defects litigation against the design-build contractor and its surety.