Construction

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Overview Areas of Focus Related Practices Key Contacts Experience News + Insights

Overview

Companies in the construction industry are keenly aware of the careful navigation and strategic planning required for successful building projects. Navigating the legal complexities and potential pitfalls of these projects requires the same degree of precision from an experienced legal team. Construction disputes are among the most complex, high-stakes commercial litigation matters, potentially involving millions of dollars in liability, as well as damage to valued reputations and relationships. MG+M The Law Firm understands the range of challenges that jeopardize our clients’ success in projects of all scales, including construction litigation and liability issues, insurance coverage and risk allocation, intricate regulatory landscapes, contractual risks and disputes, and labor and employment matters. Protecting the interests of the world’s largest owners, contractors, developers, construction managers, subcontractors and design professionals in critical cases and matters involving major construction projects nationwide, our team helps companies stay ahead of these challenges throughout every stage of a project to mitigate delays and cost, avoid litigation, and capitalize on emerging opportunities.

Our attorneys have extensive experience litigating multimillion-dollar construction claims throughout the United States. We represent construction companies vigorously in every forum and at every stage, from pre-litigation investigations to settlement negotiations, motion practice, arbitration, trials and appeals. Working closely with in-house teams and stakeholders, we develop and execute best-for-business strategies in breach of contract, construction defect, building delay, cost overrun, fraudulent invoice and other construction disputes. Furthermore, MG+M attorneys are at the forefront of protecting clients before litigation arises. We draft and negotiate contracts and provide risk management and project-related advice to help clients avoid costly claims and disputes.

With decades of experience in the construction industry, our attorneys can quickly cut through dense contracts filled with detailed timelines and punch lists to get to the heart of a dispute. We understand which issues are worth litigation and which are more effectively resolved through negotiation. As more and more construction stakeholders submit disputes to arbitration, our focus on pivotal issues often brings favorable rulings from panels charged with finding fair, efficient solutions.

Related Practices

General Liability National Trial Team Premises Liability Professional Liability Strategic Counseling + Risk Management

Key Contacts VIEW TEAM

Mary Kay Glaspy

Partner

mglaspy@mgmlaw.com 925 947 1300 Walnut Creek

Kelly Martin Malone

Partner

kmalone@mgmlaw.com 617 670 8334 Boston

Rupa Patel

Partner

rpatel@mgmlaw.com 925 953 9918 Walnut Creek

Carlos K. Poza

Partner

cpoza@mgmlaw.com 925 947 1300 Walnut Creek

Daniel P. Schrader

Partner

dschrader@mgmlaw.com 415 527 2804 San Francisco

Experience

Secured an appellate victory in the New York Supreme Court, Appellate Division, First Department, for a general contractor in a New York Labor Law case, with the court affirming that the plaintiff’s injuries were due to pre-existing avascular necrosis, successfully reducing a $17 million claim.
Secured a unanimous defense verdict from a New York City area jury for a multinational e-commerce company in a New York Labor Law construction case in which the plaintiff sought $6 million in damages.
Facilitated settlement of a multimillion-dollar dispute between partners in a joint venture energy transmission line project with massive cost overruns.
Successfully negotiated a pre-litigation settlement on behalf of a roofing company that was owed millions of dollars in unpaid invoices by a general contractor that had threatened the roofing company with tens of millions of dollars in liquidated damage claims.
Represented a power company client in an arbitration involving alleged project delays and failure to pay invoices of approximately $17 million.

Represented a subcontractor in a construction dispute involving nine solar photovoltaic sites on Cape Cod and Martha's Vineyard.

Won a defense verdict on behalf of a construction management firm accused of negligence in constructing a wastewater treatment facility, including winning a breach of contract counter-claim resulting in client’s recovery of unpaid contract balance, fees and litigation costs.

Won a jury verdict on behalf of two well known Massachusetts construction companies accused of negligence following a jobsite accident.

Obtained a $4.5 million settlement for a client left permanently disabled following a construction site accident.

Won a summary judgment and the recovery of litigation costs on behalf of a residential construction and inspection company accused of deficient home inspection resulting in $200,000 in damages.

Represented an engineering firm that designed a hospital expansion and renovation project in a $14 million construction defect case.

Represented an architectural firm in a claim by a municipality seeking $15 million in cost overruns arising from the design and construction of school.

Obtained summary judgment for a professional engineer on a negligent design claim related to the installation of a new septic system for a municipality.

Represented a national residential builder in cases involving claims for construction-related defects in thousands of homes across California

Advised a national residential builder on issues involving rail rights-of-way and shared easement access in entitlement disputes

Represented builders in both state court and arbitration matters involving claims arising from new construction of multi-story high-density mixed-use projects.

Represented builders and material suppliers in construction accident cases.

Represented design professionals (architects, civil engineers and structural engineers) in claims of professional liability in new construction.

Represented specialty trade contractors in claims for contribution and negligence in residential, commercial and mixed-use projects throughout California.

Successfully settled a lawsuit filed by a demolition subcontractor client against a general contractor to recover $600,000 in unpaid fees on a new school project.

Won a summary judgment on behalf of an architectural firm in a case alleging negligent design of a college laboratory resulting in exposure to toxic fumes

Won a judgment of dismissal on behalf of a roofing contractor accused of negligence after arguing that the statute of repose barred the claim.

Represented three design professionals in a $188 million claim arising from services provided on the New York railway system expansion project.

Represented a general contractor in an eight-figure claim arising out of the construction of a modular wood frame building consisting of 60+ apartments, retail shops and an underground parking area, which was improperly settled due to the use of improper framing materials, water intrusion, HVAC and code compliance issues.

Successfully represented an architect facing a subpoena and potential litigation in the expansion/remodeling of a freight facility.

Represented the developer of a residential condominium complex in claims involving water intrusion via the roof and basement, improperly installed windows, improper access/egress, improper installation of rear decks, electrical work and permitting.

Represented an architect who provided drawings and consulting services for the design of a beer distribution center whose roof collapsed following heavy snow and rain.

Represented a structural engineer responding to a subpoena in a case involving the waterproofing/vapor barrier design.

Represented civil engineers in the negligent design of septic system cases.

Represented a structural engineer in a claim arising out of the proper buttressing of a roof to support a hot tub.

Represented a structural engineer in claims arising from improper pouring of a concrete floor.

Represented a general contractor alleged to have overbilled/failed to maintain adequate records and change orders involving the renovation of a residence.

Successfully negotiated an agreement with a sub-contractor to assume the defense and indemnify our client in connection with a third party's significant personal injury claim.