Construction

Our lawyers are well-known for their work in construction litigation and regularly act on behalf of leading manufacturers of building products and components such as wall systems, coatings, sealants, and roofing systems, including as national or regional counsel and on national trial teams. Our Firm also represents construction professionals, general contractors, subcontractors, and building owners in litigation involving a broad spectrum of issues, from construction defect and delay claims, to disputes over mechanics liens and relating to the determination of substantial performance on projects. Given our experience and expertise, our lawyers are also often called upon to provide counsel with respect to clients’ overall litigation strategy and processes and procedures, and to provide matter-related assistance in cases around the country. Our lawyers also regularly counsel building product manufacturers and suppliers with respect to the development and enhancement of their product sales literature and warranties.

Recent Successes

Obtaining a directed verdict at a jury trial of a more than $9M construction defect/strict liability (failure to warn) case brought in the Circuit Court of Florida (Escambia County) by the owner of the Margaritaville Hotel in Pensacola Beach, Florida;
Securing a voluntary dismissal of construction defect claims brought in the Circuit Court of Florida (Bay County) by the homeowners’ association of the Shores of Panama Resort located in Panama Beach, Florida, upon filing of a motion for summary judgment, following extensive discovery and a lengthy mediation at which all other defendants settled;
Prevailing in the Circuit Court of Hawaii, on a motion for summary judgment, against claims brought by the homeowners’ association of the Waipouli Beach Resort located on the island of Kauai, following extensive briefing, an appeal to Hawaii’s Intermediate Court of Appeals, and an application for writ of certiorari to the Hawaii Supreme Court;
Securing a voluntary dismissal of all claims brought against our client, a leading manufacturer of flexible exterior wall systems, in a construction defect case brought in the Pennsylvania Court of Common Pleas (Montgomery County);

Prevailing in the Superior Court of New Jersey (Essex County) on a motion for summary judgment dismissing construction defect claims and cross-claims brought against the Firm’s client, an international construction products and services company, arising from an allegedly defective roof installation at a condominium building;
Securing the voluntary dismissal of all claims brought against one of the Firm’s building product manufacturer clients in the United States District Court for the Northern District of Oklahoma, relating to the design and construction of a large hospital in Tulsa, Oklahoma;
Favorably resolving claims brought against the Firm’s client relating to the renovation and rehabilitation of Symphony Towers in Boston, Massachusetts;
Counseling a cooperative board in New York City to successfully resolve claims relating to cast stones installed on its building;
Obtaining a dismissal with prejudice, without any consideration, of contribution and indemnification claims brought in the Superior Court of New Jersey (Bergen County) against the Firm’s client, a supplier of specialty products and technical support for the concrete and masonry construction industry, arising from one of its mortar products used in a sidewalk repair project;
Counseling a condominium board in Jersey City, New Jersey to successfully resolve construction defect claims involving water intrusion to its building;
Successfully resolving warranty and tort claims pending in the Superior Court of Rhode Island (Providence) arising from an aliphatic polyurethane coating designed and installed by our client;
Successfully resolving pre-suit construction defect and products liability claims arising from the construction of a gaming casino in Toledo, Ohio;
Successfully resolving design, construction defect, and warranty claims arising from the development, design, and construction of well-known retirement community in Rockville, Maryland;
Successfully resolving claims brought in the Superior Court of Massachusetts (Essex County) relating to the development, design, and construction of a condominium complex in Salem, Massachusetts;
Successfully resolving warranty and tort claims pending against the Firm’s client, a leading manufacturer of sealant materials, in the Superior Court of New Jersey (Warren County) concerning the alleged negligent selection and installation of the client’s product;
Favorably resolving warranty claims brought against the Firm’s client by St John’s University in Queens, New York;
Briefing and arguing before the New Jersey Supreme Court, on behalf of one of our building product manufacturer clients, the leading case in New Jersey addressing the integrated product rule and New Jersey’s economic loss doctrine;
Acting as settlement counsel to help favorably resolve claims pending against one of the Firm’s building product manufacturer clients, represented by local counsel, in the Circuit Court of St Louis (Missouri);
Favorably resolving claims pending in the Superior Court of Massachusetts (Middlesex County) arising from the application of our client’s floor coating system to a commercial parking garage in Boston, Massachusetts;
Favorably resolving a large number of high-profile cases brought against our clients arising from the design and construction of some of the most prominent, largest scale, and most valuable commercial and residential building projects along New Jersey’s “Gold Coast” (the Hudson River’s west bank);
Defeating a state-wide (New Jersey) class of all residential and commercial owners of structures onto which our client’s building product was installed;
Favorably resolving construction defect claims brought in the Superior Court of New Jersey (Mercer County) by a large real estate developer individually and as the assignee of 140 homeowners;
Favorably resolving a design/construction litigation brought in the United States District Court for the Eastern District of New York relating to a 360-bed nursing care facility in Brooklyn, New York; and
Notable appellate victories, including in the Fourth Circuit, before New Jersey’s Appellate Division and before the First and Second Departments in New York’s Appellate Division.