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Practice Overview

Construction Litigation

Litigation is typically the worst outcome of any construction project. But some issues remain so intractable that litigation is unavoidable. In such cases Olshan’s construction litigators work to evaluate and implement a comprehensive strategy suited to the client’s goals, while vigorously presenting the client’s case.

All Aspects of Construction Dispute Resolution

Olshan’s construction litigators regularly represent developers, institutional and commercial owners, schools, owner’s representatives, construction managers, contractors, architects and engineers in a wide variety of high-stakes construction matters. The range of issues in which Olshan has been involved include:

  • Construction defects (including warranty claims)
  • Project completion (close-out or abandonment)
  • Delay claims (including acceleration, constructive acceleration, and loss of productivity claims)
  • Bond claims
  • Extra work claims
  • Architectural / engineering malpractice
  • Mechanic’s liens
  • Adjoining property access
  • NYS Lien Law trust enforcement
  • Bidding Disputes

Construction contracts often include provisions for alternative dispute resolution. Olshan’s team of construction litigation attorneys has extensive experience in all of these methods, from pre-litigation negotiations, to mediation and arbitration (including project DRB’s, or international arbitration). If there is no alternative procedure specified in the applicable contract, Olshan is prepared to litigate in state and federal courts across the country, as well as to seek emergency injunctive relief as part of our construction litigation services.

Construction matters frequently involve questions concerning insurance. Olshan’s construction litigators have deep experience analyzing, asserting, and obtaining available insurance coverage. Likewise, construction litigation usually requires expert analysis to make the case, and Olshan has relationships with a wide range of experts, consultants and technical support firms to bring the necessary expertise to bear.

The construction litigation practice is led by Alexander F. Ferrini III, who serves as a fellow of Construction Lawyers Society of America, an invitation-only construction lawyer honorary society with membership limited to 1,200 practicing Fellows from the United States and internationally.

Select Representative Matters

Litigation of Damages Claims
Results in suits for damages include obtaining a $1.5 million recovery from a construction manager on defects in a 43-story luxury condominium, defeating a contractor’s claim for approximately $3 million in delay damages; successfully resolving a contractor’s claim for approximately $7 million for “extra” rebar; defeating a claim before the New York State Insurance Fund for approximately $1 million in in Worker’s Compensation premiums, and defeating a claim against interior designer for malpractice and recovering balance of fees owed plus attorney’s fees.

Matters for Injunctive Relief
Examples of injunctive relief obtained on behalf of clients include obtaining court-order access to adjoining property to allow constrion of a charter school; prevailing in an arbitration concerning landlord’s objection to tenant’s request for structural alterations; and succeeding in blocking neighboring developer’s request for access to erect crane.

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