Construction Litigation

Objective: Building Solutions to Construction Litigation

The realm of construction litigation is multistoried and frequently marked by high-demand claims. Causes of actions can range from construction defects, mass toxic torts and catastrophic injuries to mechanics liens, delay claims and business disputes.

Construction disputes and litigation are a cornerstone practice of Archer Norris. As long as the industry remains vital to California’s economy and challenged by huge risk exposure, Archer Norris litigators will defend and protect our construction clients’ business interests. We provide strategic dispute resolutions to: • General Contractors • Subcontractors • Developers

  • Materials Manufacturers 
  • Design Professionals
  • Engineers
  • Insurance Companies
  • Property Owners
  • Homeowner Associations

Construction Expertise and Litigation Leaders
Specialized building and construction knowledge. Skilled in the trial arts. Cumulative strengths brought to bear in negotiations, settlements, mediations and arbitrations. Archer Norris has resolved numerous multimillion-dollar claims through early dismissal, settlement and defense verdicts throughout California.

Among our corps of attorneys and litigators are construction professionals, a licensed contractor and trial attorneys recognized for refuting expert testimony and presenting persuasive courtroom arguments. Our background includes:

  • Complex Multiparty Construction Defects
  • Mechanics Liens and Delay Claims
  • Water Intrusion and Crossover Toxic Mold
  • Catastrophic Injuries and Wrongful Death
  • Soil Subsidence, Drainage and Contamination
  • Construction Fraud
  • Construction-Related Business Disputes
  • General Contractor and Developer Liability

From defective construction claims involving large retail centers to disputes against municipal governments and the dissolution of business partnerships, Archer Norris builds our clients’ cases and achieves their goals, even in the most challenging, complex and high-stakes litigation matters.

Representative Matters

Construction Defects and Business Disputes 

  • Defective Construction and Water Intrusion - Represented a general contractor of a 180-unit apartment complex in Roseville facing a range of allegations including construction defects, water intrusion and mold contamination. We resolved the case months ahead of trial for a fraction of the plaintiff’s demand, achieving a global settlement.
  • Water Intrusion/Shopping Center - Defended claims of waterproofing defects against a general contractor who built a multilevel retail center in Emeryville. Assertive handling of the plaintiff’s allegations led to a favorable settlement for our client.
  • Apartment Complex – Favorably resolved claims made against a contractor concerning responsibility for construction defects in breezeways and stairways of an apartment complex.
  • Public Housing – Trial defense of a contractor of a 98-unit housing project in Richmond. We reduced the contractor’s liability in multiple suits with the city and surety company.
  • Delay Claim - Defended a window manufacturer involved in a delay claim connected to a multimillion-dollar home, resolving the dispute without formal action.
  • General Contractor - Defended a general contractor using a failure of good faith argument against the plaintiff, a bonding company. We shifted the burden for over $2 million of construction costs from the contractor back to its bonding company.
  • International Electrical Contractor National Litigation - Serving as litigation coordinator for a national defendant, a Fortune 500, five-billion dollar, international contractor of electrical services.
  • D& O - Defended the chief financial officer of a major international contractor in a Director and Officers claim.
  • Earth Movement - Handle multiple cases involving landslides and other earth movement-related damage claims. Issues include maintenance of properties, road cut and vineyard construction in cases across Southern California, including in the Hollywood Hills, Pacific Palisades, Malibu, Palos Verdes and throughout the Santa Monica Mountains.
  • Homeowners Associations (HOA) - Advise and represent HOAs, managers and their insurers in multiple disputes.

Construction Injuries  

  • Construction Catastrophic Injury - Represented a national general contractor in a re-trial related to an accident that rendered the plaintiff a paraplegic. The accident occurred at a four-building office park project on the former site of the Bay Meadows Racetrack in San Mateo, California. During the five-week retrial, we applied a novel argument involving alternative safety and design measures. After a single day of deliberation, the jury delivered a new verdict that drastically reduced our client’s share of liability to a fraction of the original award.
  • Mold Injuries - Represented three property management/ownership clients facing plaintiffs’ allegations that they became asthmatic from mold caused by an undiagnosed roof leak in the clients’ building. By undermining expert testimony on the linkage between mold and serious permanent physical injury, the Archer Norris defense team prevailed in three-week trial and obtained a defense verdict. The matter was a nominee for Alameda County’s Trial of the Year.
  • Environmental Remediation Injury Verdict - Achieved a 12-0 defense verdict, following a four-week trial, on behalf a remediation contractor facing allegations related to mold, sewage and personal injury claims in an Oakland Hills property. Following the trial, our client was awarded attorney costs, which was later affirmed on appeal.
  • Elevator Accident/Construction Negligence – Successfully defended and reduced risk exposure of a commercial subcontractor in a negligence suit connected to an ironworker’s injuries from a four-story fall down an elevator shaft.
  • Jackhammer Injury - Eliminated liability for our client, an electrical contractor, in a wrongful death claim connected to a jackhammer-related accident.
  • Head Injury - Represented a concrete subcontractor involved in litigation related to a worker impaling his head on rebar at a Los Angles Unified School District site, leaving the plaintiff unable to communicate. We protected our client by substantially reducing the initial high demand and successfully indemnifying other parties in the lawsuit.
  • Roofing - Obtained a defense verdict for a roofing contractor in an eight-day trial related to ladder accident.
  • Electrical Contractor – Favorably settled a claim by a homeowner against an electrical contractor involving fire-related injuries.
  • Welding - Successful trial outcome on behalf of welding consumable manufacturer in claims made by a welder alleging his chronic obstructive pulmonary disease resulted from welding fume inhalation.
  • Educational Institution – Achieved zero liability for a major Southern California university in injury claims related to an alleged construction defect in its gymnasium.
  • Toxic Mold – Represent numerous contractors and subcontractors in toxic mold claims and achieve favorable outcomes.
  • Materials Manufacturers - Flooring and Electrical - Ongoing counsel and litigation defense to large commercial and residential contractors and manufacturers of tile, flooring and electrical services and materials.
  • Glass – Defend various transporters of glass in litigation and injury matters.
  • Business Disputes - Extensive experience representing contractors, subcontractors, insurers and private clients in litigation involving delay claims, mechanics liens and other contentious issues. Clients have included national home builders, property owners and subcontractors in grading, drainage, framing and concrete.

FAQ

In what areas of construction does Archer Norris have experience?
We represent construction corporations, contractors of all sizes, subcontractors of many trades, employers and their insurers. Construction specialty areas in our practice background include electrical, grading, drainage, concrete, roofing, welding, synthetic building systems, remediation, framing, and manufacturing of glass, floor and window materials. We have amassed a wealth of knowledge in the technical and medical issues underlying liability claims in these areas of construction.

How does Archer Norris manage the cost of construction litigation?
We recognize that litigation is a drain on our clients’ resources and we continually build upon our cost-effective litigation frameworks. Our record of achieving early dismissal of cases at summary judgment helps contain clients’ expenditures. In the course of litigation, our attorneys aggressively pursue indemnification protection when appropriate and efficiently manage a network of experts. And we apply our extensive construction knowledge to advise clients on best practices and preventive measures to reduce future litigation threats.