Construction Litigation

When facing complex litigation matters, you need a team that not only commands the courtroom but also has a thorough understanding of the laws and regulations governing your industry. With offices located throughout North America, Dickinson Wright construction litigators have successfully prosecuted and defended difficult construction disputes in state and federal courts throughout the country, saving our clients millions of dollars in damages. Based on a thorough understanding of our clients’ business operations and objectives, we customize plans to effectively protect their interests.

Our team advocates before judges, juries, and industry arbitration panels, representing private and public owners, general contractors, subcontractors, suppliers, lenders, developers, construction managers, and design professionals in a broad range of construction projects, including:

Our Team

Members of our construction litigation practice have handled multiple appeals that have been critical to the development of construction law, and they frequently speak at construction law seminars on topics such as emerging construction trends and litigation issues. Additionally, our construction litigators are recognized by Best Lawyers®, Super Lawyers®, and other leading evaluating organizations for excellent representation.

Our Services

Our knowledge of both the courtroom and the construction site allows us to provide our clients with informed and experienced choices. We are well-positioned to anticipate trends in the construction industry and address the challenges they present. From establishing pre-litigation strategies and risk avoidance techniques to alternative dispute resolution and aggressive litigation, our construction litigators represent clients through the final resolution of each matter. Our construction litigation experience covers a range of issues, including:

Representative Matters

• Represented oil and gas exploration and production companies in groundwater pollution claims brought by landowners in Southeast Louisiana. The plaintiffs sought more than $500 million in damages from over 50 defendants. Our litigation strategy resulted in the lowest settlement of any defendant in the case and favorable terms for our clients.
• Obtained a $3.2 million trial verdict on behalf of a national construction company against an earth retention contractor for breach of contract and delays, as well as a no-cause award on counterclaims involving breach of contract and wrongful termination.
• Represented a major educational facility in obtaining a multimillion-dollar settlement involving product liability and defective construction claims.
• Successfully litigated a $12 million construction defect claim for the owner of a hospital in Tulsa, Oklahoma. The claims involved defects in the building envelope that caused significant moisture intrusion.
• Represented a tire manufacturer in claims brought by more than 100 adjoining property owners seeking over $50 million in damages for air and groundwater pollution. After discovery and the first day of trial, all claims were settled on favorable terms for our client.
• Represented a refractory subcontractor in an $8 million payment dispute with the general contractor of a circulating fluidized-bed lignite coal power plant in Mississippi. After a one-week trial, the jury returned a verdict awarding the client the full amount of its damages.
• Litigated a construction defect dispute for the developer of a regional health care facility. The claims involved allegations of improper foundation work that resulted in settlement of the building.
• Represented the owner of multiple hospitals in Pennsylvania in litigation with a general contractor that constructed two facilities for the client. The claims exceeded $8 million and included allegations of kickbacks and fraud.
• Represented a large university in Tennessee in connection with various construction projects, including the litigation of multiple claims.
• Represented the general contractor of a large condominium project in Tennessee in disputes with the owner and subcontractors involving change orders, nonpayment, defective work, back charges, and lien claims exceeding $30 million.
• Prosecuted a million-dollar construction delay claim against the Michigan Department of Transportation involving bridge work over a major expressway.