Construction Dispute Resolution

We handle disputes for clients in all tiers of the state and federal court systems, before state and federal administrative agencies, before contract appeals boards and have experience in all forms of alternative dispute resolution. We help clients identify the appropriate method of dispute resolution for the most efficient and cost effective result. We have experience with a wide variety of construction claims, including:

  • Delay and disruption.
  • Acceleration.
  • Incomplete or defective design.
  • Warranty issues.
  • Differing site conditions.
  • Professional liability.
  • Defective or nonconforming work.
  • Extra/Out of Scope work.
  • Productivity.
  • Bonds and liens.
  • Liquidated damages.
  • Lost business opportunity.

Representative Experience

  • Computer Telemetry System Failure: The firm defeated a claim by an international contractor who installed SCADA System (represented by the largest law firm in Louisiana) paying no money and prevailed on a counterclaim of $1,000,000.00.
  • Terrytown Gymnasium: This firm was retained by the Parish to advise the Parish because there was concern that the contractor it hired to rebuild the Terrytown Gym following Hurricane Katrina, could not perform the contract, which proved to be correct. JaRoy Construction Company began to have substantial claims filed against the project and later ran into criminal problems on other government jobs in the New Orleans region. Ultimately, the Parish had to default JaRoy and call the performance and payment bonds. The Firm has advised the Parish throughout this process and will continue to advise the Parish through the imminent completion of the gymnasium and the negotiation with the Surety over the more than $500,000 in recorded claims and more than $500,000 in liquidated damages.
  • LVI: This firm defended the Parish in a complex Public Works Act claim asserted by LVI Environmental Services, a Fortune 500 Company, and others, related to emergency cleaning and restoration services performed at many of the Parish's buildings damaged during Hurricane Katrina. LVI was a second tier subcontractor and alleged that the Parish and other contractor were indebted to it for a total of $5.9M. The general contractor asserted a claim against the Parish seeking to recover $9.5 million, plus interest, for a total of $12 million for work done on 27 Parish buildings. After impleading the Parish's property insurer, the insurer paid the Parish an additional $1,000,000 toward cleaning expenses, which effectively funded the Parish's payments to settle the litigation. The insurer also contributed $3,250,000 to a settlement with LVI and the other subcontractor while Jefferson Parish contributed $500,000 to that settlement. The ultimate settlement with the company the Parish initially contracted with called for a Parish payment of $500,000 for settlement of all remaining claims in litigation on the 27 Parish buildings.
  • City Agency v. Contractor: Represented a federal/city agency in an arbitration against claims from a general contractor for delay, professional liability, liquidated damages and construction deficiencies. All matters were settled at mediation on favorable terms.
  • Governmental Entity v. Contractor: Represented governmental entity in suit against general contractor, its surety, the architect and others for breach of contract claims arising from public works contract. All matters were settled at mediation on favorable terms.
  • Subcontractor v. Contractor: Represented subcontractor against claims from general contractor for defective work involving earth compacting. The claims were settled at mediation on favorable terms.
  • Governmental Entity v. Contractors: Represented governmental entity in litigation alleging claims for home office overhead and extended general conditions by general and subcontractors resulting in $3.2 million dollar claim. The firm negotiated a favorable settlement for its client.
  • City Agency Delay Claims: Successfully defended a city agency against allegations of balance remaining under contract, delay claims and lost business opportunity and a demand for arbitration. All matters were settled on favorable terms following mediation in lieu of arbitration.