Construction Litigation

We can represent you or your business in filing private or public mechanics liens. For liens on private projects, we do not cut corners in perfecting our clients’ lien rights, and we diligently undertake each step of the perfection and enforcement process – including timely notice to the correct parties, proper filing, and timely enforcement. For liens on public projects, we determine whether the project is a state or federal project, and that dictates the statute to follow. In either case, we ensure that the short statute of limitations for proper notice is met. We identify the proper legal public entity to notify. We then serve the public agency in a timely manner with necessary legal pleadings. At the same time, we identify bonds that are often in place for public projects. If necessary, we send open records requests to the proper custodian. We review the bond and make sure that proper and timely notice is sent to the surety, then follow up to obtain proper documentation and submit the claim in a timely fashion. From start to finish, we understand the intricate process to properly perfect and enforce a mechanics lien on a private or public project.

When representing contractors facing a defective construction claim, we obtain all necessary records. Often, these cases are a “battle of experts.” Using our contacts in the construction industry, we find an independent professional to review the claim in order to determine what defenses are available, or, in some cases, to determine that our client may have liability. In any event, experts should be lined up early to allow an independent evaluation of the matter. Construction cases can be convoluted. When appropriate, we recommend mediation to avoid excessive discovery expenses. In some cases, we have successfully resolved disputes via informal mediation involving only the clients and their respective counsel.

We have represented subcontractors in major construction projects. We often find that subcontractors can coordinate and we can jointly represent their interests, saving all parties a great deal of time and cost. Of course, it is still important to separate each subcontractor’s claim to some extent so that each client can independently decide its litigation strategy. Secondly, it is important to insulate the subcontractor’s claim against the owner or general contractor from the larger dispute between owner and general contractor.