Litigation
Litigation, regardless of the amount in controversy, can be high-stakes and high-risk for nearly all clients. Our attorneys have decades of experience in trial and appellate courts throughout the country, and we strive to achieve our clients’ objectives in a cost-efficient manner.
We have represented clients in over 25 states and internationally including South America, Europe, African, and Asia on major infrastructure projects including mining, oil and gas, data centers, sports stadiums, student housing, airports (concourse and runway), educational buildings, jails, marine projects, nuclear power, air quality control systems, direct reduction facilities, food processing, and mass transportation, residential communities, among many others.
While most construction disputes feature claims for breach of contract, quantum meruit, and unjust enrichment, our attorneys have experience prosecuting and defending claims for alter ego and agency liability, breach of fiduciary duty, corporate dissolution, fraud, gross negligence, intentional infliction of emotional distress, negligent misrepresentation, professional negligence, promissory estoppel, tortious interference, as well as violations of consumer protection statutes, the Defend Trade Secrets Act, Computer Fraud and Abuse Act, and Stored Communications Act, among others.
We help our clients evaluate cases at the early stages before the significant costs associated with ESI, expert discovery, depositions, and motions practice begin to accrue. Where early resolution is not possible, we are prepared to litigate cases through discovery and trial, and to verdict. Our attorneys have successfully argued motions for summary judgment, secured judgments in our clients’ favor at the conclusion of trial, and achieved successful outcomes on appeal. We frequently outperform our competition and have secured favorable results in the construction industry for many years.
Representative Matters
Represented parent companies in Nebraska state court on counterclaims filed by Fortune 500 food production company seeking more than $90 million in damages based on alter ego and agency theories of liability arising from a contract dispute with our clients’ subsidiary. Shortly before trial and after more than three years of discovery, successfully moved for summary judgment and dismissal of all claims asserted against our clients, including a claim under the Uniform Voidable Transactions Act added at the close of discovery.
Representing general contractor and joint venture partner in Florida federal court on claims against fellow joint venture partner and its parent company regarding the financial responsibility to pay losses arising out of the joint venture’s construction of a nearly $3 billion highway improvement project with the Florida Department of Transportation. Successfully moved for summary judgment on liability against the joint venture partner and its parent company in June 2023 and, after a two-week bench trial in October 2023, secured a judgment for $36.3 million on claims for breach of contract, breach of guaranty, and indemnification. Case is currently on appeal to the 11th Circuit.
Defended general contractor in litigation in Georgia state court against claims asserted by owner seeking more than $30 million for alleged delay damages, reprocurement and completion costs, and consequential damages in a contract dispute on a luxury senior living facility project. Claims were ultimately resolved during discovery with an agreement to convert the termination-for-default to a termination-for-convenience, and an agreement that the owner would take nothing and indemnify the general contractor from subcontractor claims.
Represented construction manager at risk in disputes with mechanical and electrical subcontractors on a public infrastructure project in Utah in which the subcontractors sought more than $50 million for alleged delays, changes, inefficiencies, construction acceleration, and loss of labor productivity.
Represented a subcontractor in a complex construction defect action regarding alleged defects in the design, construction, and inspection of a luxury condominium building in Washington, DC.
EPC contractor on two nuclear power plant units
Represented an EPC contractor on two nuclear power plant units involving $1.6 billion in claims.
Represented a former executive of a government contractor in litigation in the Eastern District of Virginia involving issues of corporate governance, breach of fiduciary duty, and causes of action arising under the Defend Trade Secrets Act, Computer Fraud and Abuse Act, and Stored Communications Act.
Represented a hotel owner and its management company in parallel actions in Maryland state and federal court involving complex construction defect claims asserted against the general contractor and HVAC subcontractor.
Represented gasoline service station operators in litigation regarding the financial responsibility for remediation of petroleum contamination ordered by the Maryland Department of the Environment from 1991 through 2016.
Represented an international luxury retailer in litigation in D.C. federal court involving alleged violations of the Civil Rights Act and the D.C. Human Rights Act.
Represented an IT service provider in litigation in Maryland federal court arising out of a contractual dispute with a developer of wireless products and networks.