Litigation & Alternative Dispute Resolution
When you are facing a construction dispute or litigation – whether large or small – it is essential to have experienced legal counsel handling your case. We help our clients confidently approach all phases of their construction projects and resolve disputes in a timely and cost-effective manner. We work to proactively avoid or resolve disputes, frequently using mediation and arbitration, and moving on to litigation only when it is necessary.
Construction Defect Claims
Buildings can suffer from a variety of defects, such as poor design, use of inferior materials, or incorrect handling and installation. Sometimes problems surface while the building is under construction and delay the completion of a building. Other times problems are out of sight — below ground, between walls, or throughout the rafters, and years may pass before visible signs of defects appear. Whether the result of design deficiencies, construction deficiencies, or subsurface deficiencies, building defects can be costly to repair or even cause injury to occupants of the building. If you need to bring a construction defect claim or are being sued for a defect, we can protect your rights and investment while providing support and guidance. We have extensive experience handling construction defect claims including:
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Building Envelope (roof, windows, doors, and exterior treatments)
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Water Intrusion (ground water issues, seeping foundations, defective sealants, and leaking roofs, doors, and windows)
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Grading & Soils
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Structural (masonry and concrete foundations, steel reinforcement, shear walls, load-bearing walls, and trusses)
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Designer Liabilities (building code violations, faulty engineering, and inadequate plans, drawings, and specifications)
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Mold
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Electrical & Plumbing
Arbitrations & Mediations
During almost every phase of a construction project, any delay can take more than just time. Delays use valuable resources and be extremely costly. Alternative dispute resolution such as arbitration or mediation can offer a more concise, less costly option for clients working on strict budgets and timelines. We work to proactively avoid or resolve disputes and frequently use mediation and arbitration to resolve claims involving defects, cost, design error and project management. Our firm can comprehensively guide you through your options and customize an efficient, expedited solution.
Lien & Bond Claims
Surety bonds almost always are required for public projects. Performance and payment bonds are often issued for private projects. Whether the project is public or private, evaluating, negotiating, pursuing or defending claims on performance and payment bonds often involve complex procedural and substantive legal issues. We have experience with numerous payment and performance bond selection and claims and understand how to properly address and advocate for our clients when it comes to negotiating, defending or prosecuting claims and enforcing or ceasing performance of a project.
Insurance Coverage Disputes
Construction liability can get complicated. Project owners often mandate that their contractors and design professionals carry an array of coverages at multiple levels with specific endorsements. We help our clients identify and select the correct insurance products for their needs and ensure that appropriate insurance levels and parties are named and covered. We also assist clients when the need to submit a claim arises or if they are in the midst of a dispute among carriers. We can navigate the complexities of insurance coverage by evaluating policy declarations related to builder’s risk, commercial general liability, and design professional’s errors and omissions policy.
Delays & Liquidated Damage Claims
Time is money. During the life of a construction project, countless issues may arise that affect work. Weather, labor or material availability, inefficient subcontractors, unforeseen circumstances, and engineering problems can delay the completion of construction work. Delays cause loss of profits, trigger liquidated damages, and cause further delays, creating a snowball effect of issues throughout the project. We strive to protect our clients’ rights early in a project’s life cycle and are acutely aware of the need to minimize damages during a project. When the unexpected occurs, we can advise you and prepare your claims for:
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Change Orders & Extra Work Claims
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Scope of Work
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Changed Conditions Claims
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Delay, Acceleration, & Disruption Claims
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Inefficiency Claims
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Liquidated Damages
Breach of Contract & Warranty Claims
Every construction project will involve at least one contract, but it is more than likely it will involve several contracts and multiple warranties. When a party breaches the terms of a contract or warranty, it has real-world implications. Contract disputes arise in varying circumstances and can include:
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Failure to use approved subcontractors
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Failure to follow build specifications (such as blueprints or design choices)
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Use of materials not approved in the contract
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Excessive increases in construction, labor, or materials cost
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Failure to complete the project for the quoted price
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Poor construction or substantial construction defects
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Non-performance that amounts to a contract default
When disputes arise concerning contract interpretation, the scope of a warranty or guaranty, and whether work performed meets contract specifications or must be replaced, we can help protect you, to ensure that unnecessary “corrective” work is not required, and to secure proper compensation for work which satisfies contract documents.
HOW CAN WE HELP YOU?
We offer free consultations. No office visit required.
VISIT
WHELAN CONSTRUCTION LAW
1022 Park Street
Suite 302
Jacksonville, FL 32204
CONTACT
F 904-435-0880
To apply for a job with Whelan Construction Law, P.A., please send a cover letter together with your C.V. to: ed@whelanpa.com
EXPLORE
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Lead trial counsel for plaintiff in a jury trial of a multi-party construction defect case involving over 10 parties
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Lead trial counsel for plaintiff in a jury trial of an exterior envelope defect claim, obtained final judgments in excess of $1,000,000 and then prevailed in a subsequent bench trial against the responsible insurance carrier
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Representation of several general contractors in OSHA job-site fatality claims arising out of a subcontractor’s failure to comply with OSHA requirements
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Lead trial counsel in an arbitration of a plumbing defect claim, represented the general contractor/respondent, defeated claim in its entirety and prevailed in counter-claim against the subcontractor/claimant
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Prevailed at trial and on appeal in defending against a Spearin design claim in excess of $10,000,000 related to a highway project
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Construction counsel to a national design/build contractor on various issues including contract preparation/negotiation, defect, delay, lien and bond claims
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International arbitration related to the design and construction of a theme park ride
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Preparation and negotiation of design, purchase and construction agreements for a cement plant expansion project in excess of $100,000,000
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Construction counsel to a national design/build contractor on various issues including contract preparation/negotiation, defect, delay, lien and bond claims
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Negotiation of construction and design/build agreements for port expansion project in excess of $100,000,000
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Negotiation of design/build agreement in excess of $50,000,000.00 for an aircraft production plant
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Prosecution and defense of various condominium defect claims
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Obtained summary judgment for owner on claims brought by supplier of defective thermocouples to be used in a nuclear melter
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Lead trial counsel for plaintiff in a jury trial of a multi-party construction defect case involving over 10 parties
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Lead trial counsel for plaintiff in a jury trial of an exterior envelope defect claim, obtained final judgments in excess of $1,000,000 and then prevailed in a subsequent bench trial against the responsible insurance carrier
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Representation of several general contractors in OSHA job-site fatality claims arising out of a subcontractor’s failure to comply with OSHA requirements
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Lead trial counsel in an arbitration of a plumbing defect claim, represented the general contractor/respondent, defeated claim in its entirety and prevailed in counter-claim against the subcontractor/claimant
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Prevailed at trial and on appeal in defending against a Spearin design claim in excess of $10,000,000 related to a highway project
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Construction counsel to a national design/build contractor on various issues including contract preparation/negotiation, defect, delay, lien and bond claims
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International arbitration related to the design and construction of a theme park ride
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Preparation and negotiation of design, purchase and construction agreements for a cement plant expansion project in excess of $100,000,000
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Construction counsel to a national design/build contractor on various issues including contract preparation/negotiation, defect, delay, lien and bond claims
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Negotiation of construction and design/build agreements for port expansion project in excess of $100,000,000
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Negotiation of design/build agreement in excess of $50,000,000.00 for an aircraft production plant
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Prosecution and defense of various condominium defect claims
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Obtained summary judgment for owner on claims brought by supplier of defective thermocouples to be used in a nuclear melter