|
Residential:
Most counsel who practice in this area have limited experience, viz. they
either represent owners and associations who are asserting the existence of
construction defects or they represent the builders and contractors who are
resisting those contentions. Our
firm does not limit itself to one camp or the other. Rather, our constraint is a simple
one of common sense that is too often overlooked-- the client (which ever side
it is on) must have a legitimate argument.
If we represent owners or associations, we will carefully and judiciously assess
the actual, real and substantial defects that affect their property. As to those we find, we will move
heaven and earth to see that the owners are fully compensated for them. The forensic experts we retain will
be real ones. No junk science will
find a home in our cases. The
positions we take with the defendants will be zealous and demanding, but they
will not be outrageous and extortionate.
If we represent the builders or the contractors, we will make a realistic
assessment of whether there are any real defects within the scope of their work. We will vigorously resist any efforts
to find a “defect” where none really exists.
If something is wrong with some facet of the client’s work, we will
formulate a real and realistic value for the cost of repairing it.
Many residential construction defect cases settle. We know how to settle cases, if the
other side is prepared to be reasonable.
However, we are by no means afraid to see the inside of a courtroom, and
our experience in actual litigation vastly surpasses that of most other counsel
who practice in this arena.
We possess a substantially higher level of sophistication in this type of
litigation than is commonly found.
We know how to argue the issues of allocation of settlement amounts paid by
co-defendants to maximize the benefit(s) to our clients. We know how to find them insurance
coverage where none may seemingly exist or when carriers have denied coverage. We know how to leverage the opponents
on issues of attorneys’ fees by making skilled offers of settlement at the right
time.
Commercial:
Leaky curtain walls on skyscrapers, bad stucco jobs on 100,000 square foot
multi-story office complexes, and toxic mold in day-care facilities: These are a few examples of matters
that our attorneys have handled over their careers. We are thoroughly familiar with the
AIA and AGC forms of agreements, and we have litigated many of their clauses as
well as those of any number of purchase agreements.
As with residential matters, we have been on both the plaintiff and the defense
side of these cases.
Loss of use of commercial buildings on account of construction defects raises a
host of potentially explosive issues.
These include lost profits and lost business transfer opportunities. Dealing with the inevitable issues of
proof on these kinds of matters is an important undertaking and needs to be done
by someone who has firm grasp of the subject matter and a high degree of skill
in expert witness practice. We have
those qualities.
|
