Delay and Impact Claims
Although we are first and foremost experienced trial lawyers, we realize that construction disputes are costly and disruptive, and we work with our clients to resolve them as quickly and efficiently as possible. When disputes are inevitable and cannot be resolved amicably, our team works together to aggressively pursue a favorable outcome for our clients. We have successfully tried to verdict or award countless construction claims and liens, and we have mediated, arbitrated or litigated substantive issues concerning:
- Acceleration, impact and delay claim analysis and presentation;
- Actual and constructive suspensions of work;
- Terminations for default and convenience;
- Change order, extra work and force account disputes;
- Latent defect, workmanship and warranty claims;
- Requests for equitable adjustments;
- Insurance claims and disputes;
- Davis-Bacon and prevailing wage law disputes;
- Prompt payment and conditional payment disputes;
- Defective, incomplete or conflicting specifications;
- Differing site conditions;
- Construction and design defects; and
- Licensing and disciplinary actions.
While much of our success has resulted in the avoidance or settlement of active litigation, we have also prosecuted and defended many issues to a successful legal conclusion. Examples include:
We represented an underground telecommunications contractor on competing multi-million dollar design and differing site condition claims in connection with a fiber optic network located throughout Washington, D.C. and Northern Virginia.
We jointly represented the HVAC, electrical, and sprinkler subcontractors on parallel impact and delay claims involving a public hospital center on the Maryland Eastern Shore.
We represented a private owner regarding construction impacts, delays and scope change issues on the design-build / leaseback of a Veterans Affairs outpatient clinic in Allentown, Pennsylvania.
We represented a private owner against a design-build contractor regarding the site work construction failure of a vast food distribution warehouse center located in Fort Mill, South Carolina.
We defended a delay and liquidated damage claim brought by a general contractor against a precast concrete subcontractor on a Baltimore hotel project.
We prosecuted scope change, design and delay claims exceeding 1.5 million dollars on behalf of multiple subcontractors on a new hotel and resort complex constructed on Maryland's Eastern Shore.
We represented the primary electrical contractor on change order, impact and delay claims exceeding 3.5 million dollars on a nine level, 8,400 parking space garage structure at BWI airport.
We represented the primary electrical contractor on impact, inefficiency and delay claims at the National Aquarium in Baltimore Pier Three Expansion project.
We represented the foodservice equipment contractor on delay, impact and change order claims involving the construction of the San Diego Padres baseball stadium, Petco Park, located in San Diego, California.