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The Art of Law

Your business or enterprise is dynamic, in an ever changing marketplace. The law, even while adhering to principles that have remained unchanged for over two centuries, is also dynamic, often interpreted in shades of gray rather than black and white. The art of law is the ability to provide advanced technical legal knowledge while applying intelligent, innovative, and effective solutions that allow clients to make the best decisions and meet their objectives. The art of law helps clients turn issues into opportunities.

The attorneys in the Carrington Coleman construction group have diverse experience representing private and public owners, architects, engineers, contractors, subcontractors, and sureties.  We have extensive experience litigating complex construction issues, effectively representing clients in arbitration, and drafting and negotiating construction contracts. 

When disputes arise our attorneys are frequently called upon to advise clients regarding notices to cure, warranty claims, preservation of insurance and surety rights, and termination options.  Because many of these disputes can and should be resolved quickly, our attorneys offer the strategic insight needed to achieve our clients’ objectives without the cost and distraction of protracted litigation.

When litigation is unavoidable, our clients are comfortable and confident knowing that they have access to an experienced team of litigators.  Our litigators have a wide range of expertise in all types of complex litigation, and the attorneys in the construction group have particular experience overcoming the unique challenges of major construction disputes.  Our construction litigation experience includes disputes regarding schedule delays, construction defects, cost overruns, labor inefficiencies, material defects, payment bonds, performance bonds, mechanics liens, defective design and more. 

Because construction disputes often end up in arbitration or mediation, we have a thorough understanding of the various arbitration rules applicable to the construction industry, and knowledge of the different strategies in trying cases to experienced arbitrators versus a judge or jury.  Arbitration or mediation is a necessary part of many construction disputes, and we take advantage of these forums as yet another way to advance our clients’ interests. 

In drafting and negotiating construction contracts, we strive to find a balance between limiting our clients' liability and working hard to get a deal done.  During negotiation we focus carefully on many different parts of the contract including delay claims clauses, contingent payment clauses, payment clauses, dispute resolution clauses, termination clauses, flow-through clauses, and indemnity clauses.  We are very familiar with standard industry contract forms but also have experience drafting custom contracts. 

Recognizing that construction projects integrate almost every facet of business, attorneys in the construction group also regularly draw upon the expertise of colleagues from the firm's other practice areas, including tax, transactional, real estate, lending, finance, products liability, environmental, government, insurance, employment, corporate and intellectual property. 

REPRESENTATIVE EXPERIENCE:

  • Successfully defended large international client in defending over $80 million in claims brought by foreign governmental entity arising from a gas turbine failure, involving protracted jurisdictional challenges and international discovery in three countries over several years.  
  • Prevailed in a four week trial on behalf of the owner against former partner relating to multi-building condominium complex that involved numerous construction issues. 
  • Obtained a favorable jury verdict on behalf of the defendant architect in claims for negligence and failure to supervise arising out of alleged defects in the construction of apartment buildings.  
  • Represented owner in arbitration and lawsuits arising out of design and construction defects, breach of warranties, schedule delays, and cost overruns encountered in $80 million airport project.
  • Successfully defended the supervising architect in a $10 million suit involving a large multi-use project. 
  • Represented owner of a $50 million performing arts center in a lawsuit against the architect for errors and omissions and schedule delays. 
  • Represented general contractor in multi-million dollar dispute over expansion of the Dallas Convention Center.       
  • Represented owner in a complex case involving claims against the geotechnical engineer, the civil engineers, and the general contractor arising from construction of a department store damaged by soil movement.    
  • Represented restaurant equipment supplier in numerous lawsuits, including dispute regarding cost overruns and delays in connection with a large commercial kitchen facility.    
  • Represented MEP subcontractor in multiple lawsuits involving public and private owners, general contractors, and other trades.    
  • Obtained favorable result representing national specialty supplier and contractor in subcontractor dispute involving revocation of bid post-award.   
  • Obtained favorable result representing national specialty supplier and contractor in subcontractor dispute involving fire damage due to improper electrical wiring.    
  • Represented luxury high-rise condominium owner in defamation claim against local real estate agent in connection with construction of condominiums.

For more information, please contact:

Cathy Altman
214-855-3083
caltman@ccsb.com

Related Practice Areas:

Business Litigation
Professional Malpractice


 

Not certified by the Texas Board of Legal Certification except as noted.