Best Lawyers for Litigation - Construction in America

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Lawyer
  • Location:
    New York, New York
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Charleston, West Virginia
  • Practice Areas:
    Litigation - Banking and Finance Litigation - Construction Commercial Litigation
Lawyer
  • Location:
    Charlotte, North Carolina
  • Practice Areas:
    Construction Law Litigation - Construction
Lawyer
  • Location:
    New Orleans, Louisiana
  • Practice Areas:
    Commercial Litigation Litigation - Construction Personal Injury Litigation - Defendants
Lawyer
  • Location:
    Syracuse, New York
  • Practice Areas:
    Commercial Litigation Litigation - Municipal Litigation - Trusts and Estates Litigation - Environmental Litigation - Construction Personal Injury Litigation - Defendants
Lawyer
  • Location:
    Phoenix, Arizona
  • Practice Areas:
    International Arbitration - Commercial Litigation - Construction Mediation Arbitration International Trade and Finance Law Commercial Litigation
Lawyer
  • Location:
    Boise, Idaho
  • Practice Areas:
    Construction Law Commercial Litigation Personal Injury Litigation - Defendants Insurance Law Litigation - Construction
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Construction Product Liability Litigation - Defendants Insurance Law Professional Malpractice Law - Defendants Construction Law
Lawyer
  • Location:
    Richmond, Virginia
  • Practice Areas:
    Construction Law Litigation - Construction
Lawyer
Jack G. Angaran was awarded  "Lawyer of the Year" in

Jack G. Angaran

Georgeson Angaran
  • Location:
    Reno, Nevada
  • Practice Areas:
    Litigation - Real Estate Litigation - Construction Insurance Law
Lawyer
  • Location:
    Warren, New Jersey
  • Practice Areas:
    Construction Law Litigation - Construction
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Construction Construction Law
Lawyer
  • Location:
    Denver, Colorado
  • Practice Areas:
    Construction Law Litigation - Construction
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Litigation - Construction Commercial Litigation Litigation - Environmental Personal Injury Litigation - Defendants Mass Tort Litigation / Class Actions - Defendants Product Liability Litigation - Defendants
Lawyer
  • Location:
    Jacksonville, Florida
  • Practice Areas:
    Construction Law Litigation - Construction
Lawyer
  • Location:
    Charleston, West Virginia
  • Practice Areas:
    Construction Law Litigation - Construction
Lawyer
  • Location:
    Cleveland, Ohio
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    McLean, Virginia
  • Practice Areas:
    Litigation - Construction Construction Law Arbitration Mediation
Lawyer
  • Location:
    San Antonio, Texas
  • Practice Areas:
    Commercial Litigation Litigation - Construction Bet-the-Company Litigation Litigation - Antitrust
Lawyer
  • Location:
    Phoenix, Arizona
  • Practice Areas:
    Litigation - Construction Construction Law
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    McLean, Virginia
  • Practice Areas:
    Litigation - Construction Construction Law
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Albany, New York
  • Practice Areas:
    Litigation - Construction Commercial Litigation
Lawyer
  • Location:
    Houston, Texas
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Sarasota, Florida
  • Practice Areas:
    Litigation - Real Estate Commercial Litigation Litigation - Construction Litigation - Banking and Finance
Lawyer
  • Location:
    Memphis, Tennessee
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Kansas City, Missouri
  • Practice Areas:
    Litigation - Construction Construction Law
Lawyer
  • Location:
    Washington, District of Columbia
  • Practice Areas:
    Mediation Arbitration Litigation - Construction
Lawyer
  • Location:
    Eugene, Oregon
  • Practice Areas:
    Litigation - Construction Commercial Litigation
Lawyer
  • Location:
    Rochester, New York
  • Practice Areas:
    Litigation - Construction Construction Law
Lawyer
  • Location:
    Seattle, Washington
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Atlanta, Georgia
  • Practice Areas:
    Construction Law Litigation - Construction
Lawyer
  • Location:
    Overland Park, Kansas
  • Practice Areas:
    Commercial Litigation Litigation - Real Estate Litigation - Land Use and Zoning Litigation - Construction
Lawyer
  • Location:
    Austin, Texas
  • Practice Areas:
    Litigation - Real Estate Litigation - Construction Natural Resources Law Oil and Gas Law Litigation - Environmental Litigation - Mergers and Acquisitions
Lawyer
  • Location:
    Atlanta, Georgia
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Raleigh, North Carolina
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Denver, Colorado
  • Practice Areas:
    Construction Law Litigation - Construction
Lawyer
  • Location:
    Boston, Massachusetts
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    West Palm Beach, Florida
  • Practice Areas:
    Litigation - Real Estate Commercial Litigation Litigation - Labor and Employment Litigation - Construction
Lawyer
  • Location:
    Jackson, Mississippi
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    West Palm Beach, Florida
  • Practice Areas:
    Litigation - Construction Employment Law - Management Construction Law Commercial Litigation Litigation - Labor and Employment Mass Tort Litigation / Class Actions - Defendants Litigation - Real Estate Bet-the-Company Litigation Litigation - Securities Litigation - First Amendment Litigation - Land Use and Zoning
Lawyer
  • Location:
    Atlanta, Georgia
  • Practice Areas:
    Litigation - Construction Construction Law
Lawyer
  • Location:
    Batesville, Arkansas
  • Practice Areas:
    Professional Malpractice Law - Plaintiffs Litigation - Construction Personal Injury Litigation - Plaintiffs Professional Malpractice Law - Defendants Commercial Litigation Bet-the-Company Litigation Medical Malpractice Law - Plaintiffs Product Liability Litigation - Plaintiffs
Lawyer
  • Location:
    Portland, Oregon
  • Practice Areas:
    Commercial Litigation Litigation - Environmental Environmental Law Litigation - Construction Mining Law
Lawyer
  • Location:
    New Orleans, Louisiana
  • Practice Areas:
    Litigation - Construction Personal Injury Litigation - Plaintiffs
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Litigation - Construction Commercial Litigation
Lawyer
  • Location:
    Phoenix, Arizona
  • Practice Areas:
    Litigation - Construction Construction Law
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Construction Law Litigation - Construction
Lawyer
  • Location:
    Tampa, Florida
  • Practice Areas:
    Litigation - Construction Litigation - Real Estate Litigation - Bankruptcy
Lawyer
  • Location:
    Portland, Oregon
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Kansas City, Missouri
  • Practice Areas:
    Construction Law Litigation - Construction
Lawyer
  • Location:
    Winston-Salem, North Carolina
  • Practice Areas:
    Litigation - Construction Construction Law
Lawyer
  • Location:
    Spearfish, South Dakota
  • Practice Areas:
    Personal Injury Litigation - Plaintiffs Litigation - Construction
Lawyer
  • Location:
    Tampa, Florida
  • Practice Areas:
    Commercial Litigation Litigation - Construction
Lawyer
  • Location:
    Beaumont, Texas
  • Practice Areas:
    Litigation - Construction Litigation - Municipal
Lawyer
  • Location:
    McLean, Virginia
  • Practice Areas:
    Construction Law Litigation - Construction
Lawyer
  • Location:
    Milwaukee, Wisconsin
  • Practice Areas:
    Litigation - Construction Commercial Litigation Construction Law
Lawyer
  • Location:
    Chicago, Illinois
  • Practice Areas:
    Litigation - Construction Construction Law
Lawyer
  • Location:
    Denver, Colorado
  • Practice Areas:
    Construction Law Litigation - Construction
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Indianapolis, Indiana
  • Practice Areas:
    Commercial Litigation Litigation - Construction Construction Law
Lawyer
  • Location:
    Louisville, Kentucky
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Nashville, Tennessee
  • Practice Areas:
    Insurance Law Litigation - Construction
Lawyer
  • Location:
    Tysons, Virginia
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Louisville, Kentucky
  • Practice Areas:
    Mass Tort Litigation / Class Actions - Defendants Medical Malpractice Law - Defendants Product Liability Litigation - Defendants Litigation - Construction Personal Injury Litigation - Defendants
Lawyer
  • Location:
    Columbia, South Carolina
  • Practice Areas:
    Litigation - Construction Construction Law
Lawyer
  • Location:
    Columbia, South Carolina
  • Practice Areas:
    Litigation - Real Estate Insurance Law Litigation - Construction Personal Injury Litigation - Defendants
Lawyer
  • Location:
    Tulsa, Oklahoma
  • Practice Areas:
    Litigation - Construction Employment Law - Management
Lawyer
John E. Bulman was awarded  "Lawyer of the Year" in

John E. Bulman

Pierce Atwood LLP
  • Location:
    Providence, Rhode Island
  • Practice Areas:
    Construction Law Commercial Litigation Litigation - Construction Mediation Arbitration
Lawyer
  • Location:
    Albuquerque, New Mexico
  • Practice Areas:
    Litigation - Construction Commercial Litigation
Lawyer
  • Location:
    Charlotte, North Carolina
  • Practice Areas:
    Litigation - Construction Construction Law
Lawyer
  • Location:
    Portland, Oregon
  • Practice Areas:
    Litigation - Construction Construction Law
Lawyer
  • Location:
    Atlanta, Georgia
  • Practice Areas:
    Litigation - Construction Construction Law
Lawyer
  • Location:
    Phoenix, Arizona
  • Practice Areas:
    Construction Law Litigation - Construction
Lawyer
  • Location:
    Fairfax, Virginia
  • Practice Areas:
    Commercial Litigation Litigation - Construction
Lawyer
  • Location:
    Little Rock, Arkansas
  • Practice Areas:
    Medical Malpractice Law - Defendants Commercial Litigation Litigation - Construction
Lawyer
  • Location:
    Coral Gables, Florida
  • Practice Areas:
    Commercial Litigation Litigation - Real Estate Litigation - Construction Litigation - Bankruptcy Litigation - Banking and Finance
Lawyer
  • Location:
    New Orleans, Louisiana
  • Practice Areas:
    Litigation - Insurance Litigation - Construction
Lawyer
  • Location:
    Orlando, Florida
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Memphis, Tennessee
  • Practice Areas:
    Arbitration Mediation Litigation - Construction Construction Law
Lawyer
  • Location:
    New Brunswick, New Jersey
  • Practice Areas:
    Construction Law Litigation - Construction
Lawyer
  • Location:
    Winston-Salem, North Carolina
  • Practice Areas:
    Construction Law Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Litigation - Construction
Lawyer
  • Location:
    Baltimore, Maryland
  • Practice Areas:
    Litigation - Construction Construction Law
Lawyer
  • Location:
    Detroit, Michigan
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    New Orleans, Louisiana
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Boston, Massachusetts
  • Practice Areas:
    Commercial Litigation Litigation - Construction Construction Law
Lawyer
  • Location:
    Eugene, Oregon
  • Practice Areas:
    Mortgage Banking Foreclosure Law Litigation - Construction Construction Law
Lawyer
  • Location:
    Cleveland, Ohio
  • Practice Areas:
    Criminal Defense: White-Collar Bet-the-Company Litigation Litigation - Environmental Litigation - Construction Commercial Litigation
Lawyer
  • Location:
    McLean, Virginia
  • Practice Areas:
    Litigation - Construction Construction Law
Lawyer
  • Location:
    Atlanta, Georgia
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Atlanta, Georgia
  • Practice Areas:
    Construction Law Litigation - Construction
Lawyer
  • Location:
    Columbus, Ohio
  • Practice Areas:
    Litigation - Labor and Employment Litigation - Construction Litigation - Trusts and Estates Commercial Litigation Litigation - Intellectual Property
Lawyer
  • Location:
    New York, New York
  • Practice Areas:
    Construction Law Litigation - Construction
Lawyer
  • Location:
    Memphis, Tennessee
  • Practice Areas:
    Litigation - Construction Personal Injury Litigation - Plaintiffs Commercial Litigation Bet-the-Company Litigation Personal Injury Litigation - Defendants Health Care Law
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Litigation - Real Estate Litigation - Construction Construction Law Real Estate Law
Lawyer
  • Location:
    New York, New York
  • Practice Areas:
    Construction Law Litigation - Construction
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Securities Litigation - Banking and Finance Litigation - Construction Commercial Litigation Banking and Finance Law
Lawyer
  • Location:
    Honolulu, Hawaii
  • Practice Areas:
    Litigation - Construction Construction Law
Lawyer
  • Location:
    Portland, Oregon
  • Practice Areas:
    Construction Law Litigation - Construction
Lawyer
  • Location:
    Pittsburgh, Pennsylvania
  • Practice Areas:
    Litigation - Construction Commercial Litigation
Lawyer
  • Location:
    Manchester, New Hampshire
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Morristown, New Jersey
  • Practice Areas:
    Litigation - Construction Commercial Litigation Litigation - Labor and Employment
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Commercial Litigation Personal Injury Litigation - Defendants Product Liability Litigation - Defendants Litigation - Construction
Lawyer
  • Location:
    Fort Lauderdale, Florida
  • Practice Areas:
    Commercial Litigation Litigation - Real Estate Litigation - Construction
Lawyer
  • Location:
    Rutland, Vermont
  • Practice Areas:
    Commercial Litigation Bet-the-Company Litigation Mediation Arbitration Litigation - Real Estate Personal Injury Litigation - Defendants Litigation - ERISA Litigation - Labor and Employment Litigation - Construction Personal Injury Litigation - Plaintiffs Medical Malpractice Law - Defendants
Lawyer
  • Location:
    Pittsburgh, Pennsylvania
  • Practice Areas:
    Construction Law Commercial Litigation Litigation - Construction
Lawyer
  • Location:
    Portland, Oregon
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Raleigh, North Carolina
  • Practice Areas:
    Litigation - Construction Insurance Law Construction Law
Lawyer
  • Location:
    Hartford, Connecticut
  • Practice Areas:
    Litigation - Construction Construction Law
Lawyer
  • Location:
    Greenville, South Carolina
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Montgomery, Alabama
  • Practice Areas:
    Litigation - Environmental Mediation Arbitration Construction Law Litigation - Construction Commercial Litigation
Lawyer
  • Location:
    Cedar Rapids, Iowa
  • Practice Areas:
    Commercial Litigation Litigation - Intellectual Property Litigation - Construction
Lawyer
  • Location:
    Boston, Massachusetts
  • Practice Areas:
    Litigation - Construction Construction Law
Lawyer
  • Location:
    Chattanooga, Tennessee
  • Practice Areas:
    Commercial Litigation Litigation - Real Estate Eminent Domain and Condemnation Law Energy Law Construction Law Litigation - Construction
Lawyer
  • Location:
    Nashville, Tennessee
  • Practice Areas:
    Litigation - Construction Commercial Litigation Family Law Bet-the-Company Litigation Family Law Mediation Mediation Arbitration
Lawyer
  • Location:
    Chicago, Illinois
  • Practice Areas:
    Litigation - Construction Construction Law
Lawyer
  • Location:
    Philadelphia, Pennsylvania
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Hartford, Connecticut
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Atlanta, Georgia
  • Practice Areas:
    Construction Law Litigation - Construction
Lawyer
  • Location:
    Salt Lake City, Utah
  • Practice Areas:
    Commercial Litigation Litigation - Construction
Lawyer
  • Location:
    Roseland, New Jersey
  • Practice Areas:
    Construction Law Litigation - Construction
Lawyer
  • Location:
    Las Vegas, Nevada
  • Practice Areas:
    Litigation - Real Estate Litigation - Construction Commercial Litigation Litigation - Land Use and Zoning
Lawyer
  • Location:
    Wilmington, North Carolina
  • Practice Areas:
    Business Organizations (including LLCs and Partnerships) Litigation - Construction
Lawyer
  • Location:
    Louisville, Kentucky
  • Practice Areas:
    Litigation - Construction Product Liability Litigation - Defendants Mass Tort Litigation / Class Actions - Defendants
Lawyer
  • Location:
    Jackson, Mississippi
  • Practice Areas:
    Litigation - Construction Personal Injury Litigation - Defendants Product Liability Litigation - Defendants Commercial Litigation
Lawyer
  • Location:
    Boston, Massachusetts
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Albany, New York
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Columbia, South Carolina
  • Practice Areas:
    Product Liability Litigation - Defendants Litigation - Construction Personal Injury Litigation - Defendants
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Tampa, Florida
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Portland, Oregon
  • Practice Areas:
    Legal Malpractice Law - Defendants Professional Malpractice Law - Defendants Litigation - Construction
Lawyer
  • Location:
    Charlotte, North Carolina
  • Practice Areas:
    Litigation - Construction Construction Law Commercial Litigation
Lawyer
  • Location:
    Coral Gables, Florida
  • Practice Areas:
    Construction Law Litigation - Construction
Lawyer
  • Location:
    Sarasota, Florida
  • Practice Areas:
    Litigation - Construction Litigation - Real Estate
Lawyer
  • Location:
    Pittsburgh, Pennsylvania
  • Practice Areas:
    Commercial Litigation Construction Law Litigation - Construction
Lawyer
  • Location:
    Wichita, Kansas
  • Practice Areas:
    Litigation - Construction Insurance Law
Lawyer
  • Location:
    Atlanta, Georgia
  • Practice Areas:
    Construction Law Litigation - Construction
Lawyer
  • Location:
    New Orleans, Louisiana
  • Practice Areas:
    Litigation - Environmental Litigation - Construction Commercial Litigation Mass Tort Litigation / Class Actions - Plaintiffs
Lawyer
  • Location:
    New York, New York
  • Practice Areas:
    Litigation - Construction Construction Law
Lawyer
  • Location:
    Salt Lake City, Utah
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Troy, Michigan
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Coral Gables, Florida
  • Practice Areas:
    Product Liability Litigation - Defendants Litigation - Construction
Lawyer
  • Location:
    Denver, Colorado
  • Practice Areas:
    Commercial Litigation Litigation - Construction
Lawyer
  • Location:
    Washington, District of Columbia
  • Practice Areas:
    Construction Law Litigation - Construction
Lawyer
  • Location:
    Erie, Pennsylvania
  • Practice Areas:
    Litigation - Construction Commercial Litigation
Lawyer
  • Location:
    Atlanta, Georgia
  • Practice Areas:
    Litigation - Construction Construction Law
Lawyer
  • Location:
    St. Petersburg, Florida
  • Practice Areas:
    Construction Law Litigation - Construction
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Litigation - Real Estate Litigation - Municipal Litigation - Construction Commercial Litigation
Lawyer
  • Location:
    New Brunswick, New Jersey
  • Practice Areas:
    Litigation - Construction Construction Law
Lawyer
  • Location:
    Atlanta, Georgia
  • Practice Areas:
    Litigation - Construction Construction Law
Lawyer
  • Location:
    Atlanta, Georgia
  • Practice Areas:
    Construction Law Litigation - Construction
Lawyer
  • Location:
    Coral Gables, Florida
  • Practice Areas:
    Construction Law Litigation - Construction
Lawyer
  • Location:
    Coral Gables, Florida
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Knoxville, Tennessee
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    River Edge, New Jersey
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Madison, Wisconsin
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Baltimore, Maryland
  • Practice Areas:
    Litigation - Construction
Lawyer
  • Location:
    Phoenix, Arizona
  • Practice Areas:
    Construction Law Litigation - Construction
Lawyer
  • Location:
    Morgantown, West Virginia
  • Practice Areas:
    Personal Injury Litigation - Defendants Insurance Law Litigation - Construction

  • Location:
  • Practice Areas:

Practice Area Definition

Litigation - Construction Definition

Construction Litigation involves the representation of stakeholders involved in a governmental, commercial, or residential construction project. Stakeholders are typically owners, contractors, subcontractors, material suppliers, architects, engineers, construction managers, construction lenders, developers, investors, insurers, and/or bonding companies.

Construction lawsuits include a variety of claims, although most are grounded in breach of contract, negligence, and/or professional negligence. Construction litigation attorneys typically prosecute or defend claims for:
  • professional negligence of design professionals (both architects and engineers)
  • claims for defective workmanship (contractors and subcontractors)
  • claims for defective products (material suppliers)
  • claims for delay (caused by the owner, the owner’s representative(s), the contractor, and/or a subcontractor)
  • payment claims (both claims for payment of sums promised in the construction contract and claims for the payment of additional sums due to changes in the scope of the work)
  • the enforcement of mechanic’s liens (contractors, subcontractors, and material suppliers)
  • claims made against payment bonds issued by surety companies to assure the payment of sums due subcontractors and others
  • claims made against performance bonds issued by surety companies to assure completion of the work

The typical stakeholder plaintiff in a construction dispute seeks monetary damages for economic loss suffered as a result of the defendant’s unlawful conduct (breach of contract, negligence, etc.). Some construction disputes involve claims brought by construction workers or third-parties as plaintiffs seeking damages for personal injuries caused by unsafe workplaces and working conditions. Those cases require an analysis of the workplace safety rules and regulations promulgated by the Occupational Safety and Health Administration (OSHA) in addition to the common law standards of care for workers and practices in particular construction fields.

Construction claims are litigated in a variety of forums and can be litigated in federal and state courts. Additionally, federal and state courts of claim or claims commissions may have exclusive jurisdiction over government projects. Arbitration is often the required forum for private projects because construction contracts typically require mandatory arbitration, administered by a recognized provider such as the American Arbitration Association, pursuant to specific rules promulgated by the arbitration service provider. Many construction contracts also require some form of mandatory mediation as an express precondition to the institution of litigation or arbitration.
Construction Litigation involves the representation of stakeholders involved in a governmental, commercial, or residential construction project. Stakeholders are typically owners, contractors, subcontractors, material suppliers, architects, engineers, construction managers, construction lenders, developers, investors, insurers, and/or bonding companies.

Construction lawsuits include a variety of claims, although most are grounded in breach of contract, negligence, and/or professional negligence. Construction litigation attorneys typically prosecute or defend claims for:
  • professional negligence of design professionals (both architects and engineers)
  • claims for defective workmanship (contractors and subcontractors)
  • claims for defective products (material suppliers)
  • claims for delay (caused by the owner, the owner’s representative(s), the contractor, and/or a subcontractor)
  • payment claims (both claims for payment of sums promised in the construction contract and claims for the payment of additional sums due to changes in the scope of the work)
  • the enforcement of mechanic’s liens (contractors, subcontractors, and material suppliers)
  • claims made against payment bonds issued by surety companies to assure the payment of sums due subcontractors and others
  • claims made against performance bonds issued by surety companies to assure completion of the work

The typical stakeholder plaintiff in a construction dispute seeks monetary damages for economic loss suffered as a result of the defendant’s unlawful conduct (breach of contract, negligence, etc.). Some construction disputes involve claims brought by construction workers or third-parties as plaintiffs seeking damages for personal injuries caused by unsafe workplaces and working conditions. Those cases require an analysis of the workplace safety rules and regulations promulgated by the Occupational Safety and Health Administration (OSHA) in addition to the common law standards of care for workers and practices in particular construction fields.

Construction claims are litigated in a variety of forums and can be litigated in federal and state courts. Additionally, federal and state courts of claim or claims commissions may have exclusive jurisdiction over government projects. Arbitration is often the required forum for private projects because construction contracts typically require mandatory arbitration, administered by a recognized provider such as the American Arbitration Association, pursuant to specific rules promulgated by the arbitration service provider. Many construction contracts also require some form of mandatory mediation as an express precondition to the institution of litigation or arbitration.