Experience
$7.5 Million Settlement Over Delayed Renovation of Historic Landmark
Negotiated a $7.5 million delay damages settlement for construction company client over the renovation of a National Historic Landmark building in New York City. The one-year project took three years for substantial completion due to design conflicts with existing conditions, interferences and changes, causing substantial increased costs for the client, a subcontractor. Successfully overcame legal hurdles including lack of privity, New York law that a general contractor is not liable for delay caused by an owner, and a “no damage for delay” contract clause.
Counsel to Construction Client in Suit Seeking $18 Million in Damages
Defended affiliate companies of a client sued in parallel cases spanning two jurisdictions, arising from a construction project involving delays. The Plaintiff commenced a Declaratory Judgment action seeking to pierce the corporate veils of non-contracting parties to recover more than $18 million it claimed in liquidated damages. Upon review of our Motion and Memo of Law, the plaintiff, represented by a large law firm, conceded and discontinued the New York litigation.
Construction Dispute
Resolved dispute on summary judgment concerning developer’s failure to pay contractor for construction work and successfully collected the debt from developer during the developer’s subsequent bankruptcy action.
Construction Company Divestiture
Represented the founders of a Colorado construction company in the divestiture of the business to a top-5 Canadian contractor in a cross-border transaction.
Borrower’s Counsel on $50 Million Construction Loan
Served as borrower's counsel on a $50 million real estate construction loan.
HUD Financing and Construction Agreement Negotiation for Major St. Louis Developer
Handled HUD financing and negotiated construction agreements for a multifamily housing building in Maplewood, Missouri.
Successful Construction Arbitration for General Contractor
Served as lead trial counsel in successful construction arbitration resulting in substantial award for general contractor.
Property Acquisition, Construction Contracts, Public Incentives for 1 Million-Square-Foot Development
Represented a health care client in acquisition of property for a multi-building campus development in excess of 1 million square feet. Negotiated design and construction contracts for the project, as well as a public incentive package valued at more than $450 million.
Defense Verdict for Hospital Client in Alleged Premises Liability Case
Secured a defense verdict on behalf of a hospital client in a premises liability case in Virginia (City of Suffolk). The plaintiff alleged that health care staff did not timely tend to or otherwise notify staff about a hazardous condition on the floor that allegedly resulted in a slip and fall leading to injuries. Successfully argued that hospital and health care staff were unaware of any hazardous condition and that alternatively, plaintiff and her close relatives were responsible for creating the hazardous condition themselves.
Representation of Joint Venture Management Consultant in Claims, Investigations Surrounding Boston’s “Big Dig”
Represented the joint venture management consultant in defense of claims and government investigations arising from the design and construction of Boston’s $24.3 billion Central Artery/Tunnel Project (the “Big Dig”).
Managed Construction Defects Dispute for Assisted Living Center
Represented a large general contractor in a dispute with the owner and multiple levels of subcontractors concerning subcontractor construction defects in an assisted living center in Georgia.
Representation in Various Insurance Coverage Issues
Represented homeowners associations, developers and real estate property managers on various insurance coverage issues, including D&O policies, property damage, construction disputes, and commercial liability.
Defense Verdict for Hospital Client in Alleged Premises Liability and Construction Defect Case
Secured a defense verdict on behalf of a hospital client in a premises/construction case in St. Louis County, Missouri. The plaintiff alleged falling along a newly constructed delivery drop-off lane and claimed it was defective, which caused her to fall. Successfully argued that the delivery drop-off lane was reasonably safe as constructed and the plaintiff’s fall was an accident due to her failure to keep a careful lookout.
Bonded $450 Million in Mechanic’s Lien Claims for Large Hotel, Casino
Bonded more than $450 million in mechanic’s lien claims for a world-famous hotel and casino in Las Vegas.
Positive Result for Multiple LLCs in Construction Defect Litigation
Obtained a positive result for a number of independent LLCs within a business center in complex commercial litigation claiming a variety of construction defects.
Construction Defect Matters for Property Restoration Company
Handled multiple matters for a global, privately owned property restoration company involving construction defects in a commercial building.
Representation of World’s Largest Mall Owner on Construction, Real Estate Issues
Represented the largest mall owner in the world on various construction and tenant issues.
Representation of National Window Manufacturer in Product Liability Actions
Represented a national window manufacturer in dozens of product liability actions involving alleged residential construction defects.
Trial and Appellate Representation of National Home Builder in Contract, Environmental Disputes
Represented a national home builder in contract and environmental disputes at both trial and appellate levels.
$200 Million Construction Financing
Closed $200 million in construction financing for construction of a health care client’s headquarters expansion. Also helped the client secure various state and local tax incentives, including the issuance of $715 million in Chapter 100 bonds for the project.
Design and Construction Contracts for National Theme Park Owner
Handled all design and construction contracts for a national theme park owner for all construction projects, including various attractions and water features exceeding $10 million in value.
Acquisition of Hotel Development Site in Marylebone
Advised a hotel developer on the acquisition of a hotel development site in Marylebone during construction.
Construction Contracts for $10 Million Missouri High School
Represented a large general contractor in the preparation and negotiation of all construction contracts and disbursing documents related to the construction of a high school in Missouri.
