Construction
Taylor English’s Construction Practice Group focuses on avoiding and solving problems in the most practical and efficient manner possible. The attorneys in our Construction Practice Group came from some of the Nation’s most well-known construction law firms. Using our wealth of knowledge and experience, we support our clients in establishing a firm, fair and clear contractual foundation that anticipates likely problems, methods of avoiding disputes and proposes a means to resolve issues without a court or arbitration panel. Should, however, a dispute arise, our Group brings many decades of dispute resolution construction experience to the table to mediate and pursue claims to judgment if necessary.
Our Group’s clients include owners, developers, general contractors, subcontractors, suppliers, vendors, engineers, architects and design-build professionals who have repeatedly called upon the assistance of our lawyers in virtually every avenue of construction. Our Group also regularly defends construction clients at the request of insurance carriers. In litigation and arbitration, our lawyers have faced, a myriad of construction and construction defect claims and brought them to successful conclusions. Recognizing that every situation is unique, each matter is collaboratively reviewed to chart the shortest path to an acceptable outcome. We have the capacity to build appropriate teams around the solution by utilizing our corporate, international, real estate and tax lawyers – resources not available at most boutique construction firms.
Several of our Group members have spent years crafting and presenting claims against insurance companies for clients which have been denied coverage for construction defects and Builder’s Risk losses. By doing so, general contractors, design build firms and owners have obtained tremendous value from insurance policies obtained or required as part of the risk management set up, but which had not appropriately responded to claims. In connection with defending policyholders at the request of insurers, we have regularly pursued contribution, subrogation and insurance claims against other contractors and their insurers. This experience in bringing to the settlement table all potentially responsible parties and their insurers has proven invaluable in resolving, on favorable terms to our clients, complex and significant claims.
Combined, Taylor English’s Construction Practice Group exceeds a century of national and international complex construction law experience. Years of Federal and State Government contracting experience, including bid protests, extra compensation claims and termination contests rounds out our ability to assist clients outside of purely commercial realms. In addition, our lawyers’ substantial experience with disadvantaged entities has helped fledgling businesses thrive. Members of our Group are frequent speakers on construction and insurance topics at continuing legal education seminars. In short, we are driven to making all of our clients and their endeavors successful.
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Representative Transactions: Construction
Representative Achievements by our lawyers include:
- Successfully defended large American general contractor in $250 million claim regarding waste incinerator/power co-generation dispute in arbitration before the Zurich Chamber of Commerce.
- Aneco Company vs. Admiralty Properties, Ltd. vs. Harmon Contract W.S.A., Inc.:
The Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, FL. Case No. CL 90-12032 AC. Defended the curtain wall contractor on the construction of a hotel and office tower complex connected by an all glass atrium in claims for breach of contract where the damages sought were delay damages and pursued a counterclaim brought by the curtain wall contractor asserting inefficiency and delay damages against the general contractor, as well as an architectural negligence claim against the architect for designing curtain wall connections that were unbuildable and not in compliance with hurricane codes.
- Successfully represented general contractor in insurance coverage dispute over claims of defective construction at a $70,000,000 distribution warehouse in the State of North Carolina. Dispute involved general liability carrier for general contractor and general liability carrier for numerous subcontractors. The claims against the general contractor exceeded $2,500,000. The case was settled on confidential terms following mediation with the vast majority of the settlement being funded by insurance.
- Successfully represented a government contractor in arbitration against a defaulted subcontractor’s surety. In this case a general contractor on a federal project terminated for default its grading subcontractor after the grading subcontractor had been paid 90% of the contract amount. The replacement subcontractor found so much defective work that the amount to complete the original subcontractor’s work exceeded the original contract price. Received an arbitration award against the original subcontractor’s surety for 90% of the bond.
- Successfully represented general contractor in insurance coverage dispute over claims of defective construction at a $25,000,000 manufacturing plant in the State of Alabama. Dispute involves litigation with general liability carrier for general contractor and pursuit of contribution claims from subcontractors and general liability carrier for subcontractors. The case was resolved in a confidential settlement with no payment by the general contractor.
- Successfully defended general contractor in construction defect litigation at mid-rise condominium in the State of Alabama where plaintiff homeowners alleged numerous design and construction defects, including water intrusion, concrete defects and code violations. Case also involved insurance coverage dispute with one of general contractor’s insurance carriers. After summary judgment motions were filed, settled case with plaintiffs on favorable terms with insurance funding the entirety of the settlement.
- Residential Constructors, LLC. v. Ace Property and Casualty Insurance Company: United District for the District of Nevada, Las Vegas Division: Civil Action File No: CV-S-05-1318-BES-GWF. Defended carrier under Builder’s Risk Policy in many million dollar claim for water damage due to rain intrusion by general contractor on 22 story high rise condominium building. Performed all construction depositions in Las Vegas. Managed hundreds of thousands of documents. Major issue was applicability of Rain Intrusion Exclusion when major storm hit project under construction. Settled at mediation.
- Successfully represented general contractor in insurance coverage dispute over claims of defective construction at a $20,000,000 distribution warehouse in the State of Pennsylvania. The nature of the claims involved alleged defective concrete. Litigation involved contribution claims on behalf of general contractor against subcontractors and their insurers. The claims at issue exceeded $11,000,000 and were settled with no payment by the policyholder, with contributions from other parties and insurers covering the entirety of the settlement.
- Cassidy Plastering, Inc. vs. McCarthy Brothers Construction Company, Inc., Edison Brothers Stores, Inc. et al.: Circuit Court, St. Louis, Missouri: Represented a plastering and fire proofing subcontractor in a breach of contract claim arising from the general contractor’s failure to pay the balance of the contract owed, extra work claims, change order claims, and for delay and disruption damages arising from defective design by the structural engineer who failed to design camber in structural floor joists resulting in the twenty four story office building slumping when concrete floors were poured, thereby dramatically affecting the plastering subcontractor’s scope of work. The claims were resolved in a consolidated proceeding.
- Successfully represented general contractor in insurance coverage dispute over claims of defective construction at a $20,000,000 distribution warehouse in the State of Oregon. The claims at issue involved allegedly defective concrete and exceeded $2,000,000. Assisted general contractor in settling claim and recovering a significant portion of the claim from general liability and E&O carriers.
- University of Illinois vs. Astroturf Industries et al.: Circuit Court of Champaign, Illinois. Represented Astroturf Industries and its warranty bond surety in a claim that its football field burned in violation of the flammability warranty issued by the manufacturer and bonded by the surety. Cross claims against students who lit field on fire involved technical and empirical evaluation of flammability characteristics of turf and of chemicals the University had applied to the turf.
- Lead counsel on behalf of general contractor involving construction of $10 million fitness center. Owner contested payment based on various alleged construction defects. Case arbitrated through AAA. Obtained settlement from owner on the eve of arbitration hearings for full amount owed.
- Grinnell Corporation vs. Beers Construction Company et al.: State Court of Fulton County, Georgia: Represented manufacturer and supplier of sprinkler heads and sprinkler pipe over payment bond claim for collection of amounts owed to supplier for sprinkler heads installed in the Georgia Dome.
- Successfully represented an incumbent service contractor in a bid protest of a federal procurement before the Government Accountability Office. The bid protest challenged the contracting officer’s application of the performance evaluation criteria.
- Successfully represented general contractor in insurance coverage dispute over claims of defective construction at a $25,000,000 distribution facility in the State of Texas. Dispute involved general liability carrier for general contractor and pursuit of contribution claims against subcontractors and their insurers. The claims at issue exceeded $4,000,000. Assisted general contractor in settling claim following mediation, which was funded almost entirely by insurance.
- Interstate Construction Company, Inc. vs. Amwest Surety Insurance Company: In the Superior Court of Fulton County, Georgia. Represented Interstate Construction Company against its electrical subcontractor and the subcontractor’s performance bond surety which defaulted on the renovations of Grady High School and of Morehouse College Theatre. Recovered the full amount of damages and virtually all attorneys’ fees and expenses.
- Hilton Head Resort Four Seasons Centre Horizontal Property Regime Council of Co-Owners Inc. vs. General Star Indemnity Company and Lexington Insurance Company: In the United States District Court for the District of South Carolina, Civil Action No. 9:03 2987 23 (2005). Represented property insurance carrier in claims by property owner that wooden portions of condominium buildings have collapsed as a result of being impregnated with fire retardant treatment. Obtained summary judgment on all counts based on distinguishing client’s policy language from the language in a policy recently construed by the South Carolina Supreme Court.
- Utilizing the Georgia Racketeer Influenced and Corrupt Organizations Act, obtained a judgment on behalf of a school board against a general contractor.
- General Standard Brands Company v. Westchester Fire Insurance Company: United States District Court for the District of Missouri, Kansas City: Obtained summary judgment for client insurance company on claim under flood coverage after developing extensive engineering evidence.
- Lead counsel on behalf of policyholder in litigation with E&O carrier over coverage for design allegations made over claims of faulty construction at a distribution warehouse in North Carolina. Insurer denied coverage. Recovered approximately $500,000 from insurer.
- St. Louis University vs. Balsam Flooring, Inc.: American Arbitration Association. Represented manufacturer and installer of urethane running track at St. Louis University in a claim that it was inappropriately installed.
- Green Bay Packer Stadium Claims: Represented property carrier in claims resulting from demolition contractor causing extreme collateral damage when it demolished old sky boxes to make way for expansion of stadium. Dramatically reduced the size of property damage claims by showing that subcontractor was aware that its demolition technique was causing the damage incurred.
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