Morgan Lewis

Construction Litigation

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November 2010 Fundamentals of Construction Contracts: Understanding the Issues - Pennsylvania, hosted by Lorman Education Services
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Our highly motivated and knowledgeable Construction Litigation team knows how to efficiently and aggressively negotiate contracts and, when necessary, to litigate, mediate, and arbitrate construction and construction products claims.

Our team has counseled and advised clients on many complex construction projects, contracts, and construction claims throughout the world, including a wide array of large, complicated, high-profile public and private projects, as well as many major industrial, power, commercial, and residential projects.

A Strong Background and Ready Skills
We’ve litigated a large number of multimillion-dollar construction claims, in both bench and jury trials, in many federal and state courts, as well as numerous arbitrations and complex mediations.

We’ve earned a national reputation in the field; members of our team are routinely asked to speak and write on various construction-related topics for industry professionals and legal societies.

We know the construction industry, its processes, and its players. We are intimately familiar with the design, construction, and financial issues that can arise from a troubled project, and we know how to protect our clients’ interests and present the best case possible.

We also have an extensive background in mediation and other forms of alternative dispute resolution that are now increasingly being used in the construction industry.

We offer an extensive background in complex construction contracting and litigation, including:

The Language of Liability
We speak the language of construction litigation, and are thoroughly familiar with the various theories of liability relevant to any construction project, product failure, or architectural errors and omissions case, including:

  • Bid protests
  • Product and materials deficiencies
  • Specification disputes
  • Design errors
  • Testing and analyses
  • Code and professional standards
  • Performance and payment bond claims
  • Mechanics’ liens
  • Uniform Commercial Code applications
  • Warranty and contract liability
  • Performance versus design specifications
  • Critical Path Method scheduling
  • Industry standards
  • State-of-the-art issues

Our lawyers have written and lectured extensively on construction-related topics, including publishing Construction Litigation – Model Jury Instructions through the American Bar Association. We also routinely handle the drafting and negotiations of all types of construction and service contracts, change orders, and indemnification and dispute resolution agreements.

Network of Experts
We can confidently recommend trial-tested experts from our extensive and well-established network in all relevant fields, including engineering, product, damage, and health. For damage analysis purposes, we have extensive contacts with accountants, auditors, and economists regarding business and other damage and loss claims.

Efficient and Cost-Effective
Our experience allows us to avoid “reinventing the wheel.” We are time- and cost-efficient, staffing appropriately for the management of any size case and offering competitive rates and alternative billing arrangements.

We are also completely familiar with the various methods of alternative dispute resolution. We constantly look for ways to resolve disputes early and to simplify the litigation process.