Construction Disputes and Contracting

Good contracts prevent problems, allocate risk, reduce confusion and save time and money. We work with property owners, developers and contractors to structure, negotiate and draft construction contracts, design-build agreements and economic incentive agreements.

Our team has extensive experience with AIA contracts, ConsensusDOCs and other standard industry form contracts, as well as custom contracts.

Once a contract has been signed, we work with our construction clients on ongoing construction issues. We help clients manage the scope of construction projects, contractually managing the change order process to minimize unnecessary changes and keep budgets in check. We also work to resolve conflicts between owners, contractors and sureties before they reach the level of expensive litigation.

We also advise designers, property owners and contractors on legal issues related to green construction, including assisting them with applying for and obtaining sustainability incentives from federal, state and local governments. The Construction team has experience with the LEED certification process.

Our experience includes helping government contractors with construction projects, as well as public-private construction.

We represent property owners, construction managers and contractors in construction-related payment, performance and site conditions claims, including:

• Termination of contractors and subcontractors
• Contractor-subcontractor disputes
• Construction defects, including water intrusion and mold claims
• Design/engineering disputes
• Construction delay claims
• Late payment and non-payment issues

Representative Cases

Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.

• Represented a construction manager in multimillion dollar claims arising out of termination of contractor on a South Carolina hospital project
• Defended design/build contractor in multi-million dollar claims brought by subcontractors on Ravenel Bridge project
• Defended a general contractor against condominium developer for claims alleging breach of contract and negligence
• Obtained damages for owner of an urban multi-use development for architect’s failure to properly design and administer construction of the condominiums, retail space and townhomes
• Represented a construction product manufacturer in a lawsuit regarding county courthouse
• Defended a construction manager in arbitration against electrical subcontractor for claims relating to hospital construction
• Represented a homeowners association in negotiating a $1.4 million settlement for defective construction
• Represented a developer in claims against design professional, contractor and surety resulting in multi-million dollar combined settlement and verdict

National building product manufacturers rely on Womble Carlyle for guidance in product liability litigation, including cases concerning siding, engineered wood siding and trim products, elastomeric coatings, metal roof shingles, solder flux, exterior insulation and finishing systems, fire retardant treated lumber, stucco, roofing and other products.

Our experience includes large-scale class action and mass tort litigation. In such cases, Womble Carlyle’s Litigation Support Services, including the Case Management Facility, E-Discovery Team and FirmLogic, provide critical case management, legal and medical/scientific support to improve litigation outcomes and drive down costs. The firm has served (and serves) as national coordinating counsel in class action building products liability litigation.

Our team represents contractors and surety companies in cases involving:

• Performance bonds, including advising sureties in takeover agreements and negotiating settlements
• Payment bonds
• Residential builder license bonds
• Indemnity claims

We also represent developers and property owners in performance claim issues.

Should construction problems arise, Womble Carlyle’s Construction Team represents contractors, property owners and developers in construction defect litigation:

• Water intrusion and building envelope damage claims
• Representing clients in construction contract-mandated AAA arbitration and mediation, working with the firm’s Alternative Dispute Resolution team
• Building collapse and catastrophic incident cases, such as industrial fires and explosions. This includes responding to federal, state and law enforcement investigators; evaluating and pursuing insurance coverage; preparing for toxic tort and environmental litigation; conducting internal investigations; defending executives against white collar criminal charges; coordinating media response; and supervising clean-up efforts in compliance with state and federal regulations

Construction-related personal injury claims, including job site injuries. Our litigation focus keeps in mind overall business goals, including the need to contain litigation costs and the importance of regular communication with clients about litigation strategy.

Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.

Construction Products Defense

• Successfully represented synthetic stucco and siding manufacturers in multi-district product liability and class action litigation in multiple states. Also defeated national and statewide class certification (Georgia, Texas, New Jersey) in numerous attempts to certify classes against synthetic stucco manufacturers. Also served as national defense counsel for manufacturers of exterior insulation and finish systems (EIFS) for more than 10 years in defense of hundreds of class actions and individual lawsuits

• Litigated exterior building product liability claims and alleged construction defects, including water intrusion claims. Products defended include wood siding and trim products, windows and doors, solder flux, built-up roofing products, elastomeric coatings, metal roof systems and polymer-based coatings

• Defended manufacturer of single-ply roof system in cases involving collapses of large commercial buildings in North Carolina, Texas and Georgia. Represented the same company in product liability cases in South Carolina, Mississippi and Tennessee

• Represented engineered wood product manufacturer in defense of multiple federal court class action cases.

• Won jury verdict defending malpractice claims against architectural and engineering firm involving alleged design and construction defects. Also represented numerous architects and engineers in lawsuits and dispute resolution arising from design and construction of courthouses, jails, wastewater and sewage treatment plants, schools, offices, churches, and manufacturing and industrial facilities

• Defended an elastomeric coating product manufacturer in condominium litigation.

• Represented building products manufacturers in numerous matters involving multi-million dollar repairs to multi-family dwellings and commercial projects

• Advice to building product manufacturers on warranties and other product literature

• Defended manufacturer of structural framing members against allegations of manufacturing and construction defects