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Construction

Overview

MG+M advises clients in the construction industry on a wide variety of matters that impact their business. Our skilled team protects 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.

National coverage for high-stakes conflicts
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. Our attorneys have extensive experience litigating multimillion-dollar construction claims throughout the United States. We represent you vigorously in every forum and at every stage, from pre-litigation investigations to settlement negotiations, motion practice, arbitration, trials, and appeals. Working closely with your team, we develop and execute best-for-business strategies in breach of contract, construction defect, building delay, cost overrun, fraudulent invoice, and other construction disputes.

Litigation avoidance 
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 claims and disputes. We create and manage relationships to facilitate project completion while helping clients navigate the complexities of the construction industry. 

Valuable industry knowledge
Although most construction contracts are dense with detailed timelines, punch lists, and other details, successful litigation outcomes rely on understanding what is truly at the heart of the dispute. We save you time and money by focusing on the main conflict instead of getting bogged down in side questions that prolong disputes and raise legal fees. Because we’ve worked with the construction industry for decades, we understand which issues are worth litigating and which should be resolved through negotiation. And, 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.

Fully invested in our clients
Our attorneys are deeply invested in achieving the best possible outcomes for your business. We seek to earn your trust, not only as advisors, but also as dedicated business partners. To that end, we pride ourselves on frequent, candid communication and on total accessibility whenever you need us.

Experience

  • 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.

  • 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 construction materials manufacturers in claims of failure and resulting construction damage.

  • 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.

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

  • 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.

News + Insights

Speaking Engagements

Complex Claims & Litigation Forum, PropertyCasualty360