Avoiding claims when it’s possible; winning claims when it’s not.
We work for public and private owners, owner associations, developers, contractors, builders and others involved in constructing buildings, plants, roads and other improvements. We focus on disputes and trials–preventing disputes from arising, resolving them fairly and quickly if they do, going all out to win them when peace efforts fail.
If your interests resemble those of our current clients, you want your work or project to be done defect free, on time and within budget…without the added hassle and risks of litigation. We can help you achieve these goals by assuring at the front end that the contract terms, financing arrangements and delivery mechanisms fit your needs and properly allocate risks.
Once construction begins, we can help by troubleshooting problems as they arise to keep them from derailing the project or your work. Workout agreements between contractors, sureties, owners and lenders can rescue troubled projects and companies.
When claims arise, we use negotiation, mediation or other alternative dispute resolution means to try to resolve them on a fair and balanced basis. But when a fight can’t be avoided, we want you to win.
In every case, we keep our eyes firmly fixed on the prize-persuading the jury, judge or arbiter to find in your favor. The test for every proposed action or case expense is whether it will advance the goal of winning the case.
We take full responsibility for means and methods; everything we do is calculated to achieving the best result at the lowest cost. We will share with you what we regard as “best practices,” including streamlining the cumbersome expensive procedure called “formal” discovery, relying on old fashioned investigative leg work, using modern litigation support technology, avoiding nonsensical disputes over procedure and discovery and testing cases before jury focus groups. You will be involved and informed of every material step we take on your behalf.
How we charge for our services.
We appreciate legal expenses affect your bottom line and that you want predictable costs, not unpleasant surprises. We also know many of you prefer to pay for results not time and want your lawyer to share the risk with you of a poor result or cost overrun. To address these concerns, we often agree to fee arrangements other than traditional hourly fee charges.
We invite you to explore the alternatives with us. We prefer fee arrangements in which both risks and rewards are shared based on the results we obtain for you.
We are usually willing to work for a fixed fee for handling all or a phase of the case with part of our fee contingent on results.
We will also consider working on a contingency fee basis or on a mixed fee basis such as a reduced hourly rate plus a contingency bonus.
Using contingency or partial contingency arrangements is especially appropriate when you have a meritorious case but don’t have the resources needed to bear the entire cost of prosecuting it. Contingency arrangements help to level the playing field for small companies and individuals who otherwise would find the courts closed to them.
Illustrations of services we offer.
We handle trials, arbitrations and disputes involving:
- contract termination, project delay, interference, acceleration or extra work;
- defective workmanship, defective plans, breach of warranty;
- professional malpractice by architects, engineers and inspectors;
- mold contamination and remediation;
- synthetic stucco or EIFS;
- bid mistakes;
- change orders and changed conditions;
- performance bond claims and surety bad faith;
- insurance coverage disputes and insurance bad faith;
- construction lien enforcement and payment bond claims;
- construction accidents;
- lender liability and foreclosures;
- indemnity claims;
- construction related bankruptcy claims;
- business fraud, bad faith or contract interference.
We advise clients about avoiding and controlling risks in selecting delivery systems and financing and in drafting and negotiating construction contracts.
When a default occurs or financial problems threaten to trigger a default, we advise our clients on the available options, including the advisability of contract termination. We also negotiate and draft workout agreements to complete the project or contract and negotiate and draft financial work outs of loan and indemnity obligations.