Because we represent the full range of construction interests in real estate projects – developers, owners, contractors, subcontractors, construction managers, design professionals, state agencies, and suppliers – we can meet your needs in any aspect of construction work, including transactions and litigation.
We speak the language of the construction industry and thoroughly understand construction legal issues – for example, one of our lawyers has written for the Arkansas Chapter of the State by State Guide to Construction Contracts and Claims for Aspen. No matter which side of the project you are on, we can help you with bidding and document preparation, with contract negotiation and formation, and with arbitration, mediation, or litigation over any issue: construction defects, defective building products, statutory and contractual warranty claims, delay damages, mechanic's liens, materialmen's liens, insurance issues and indemnification. Two of our lawyers have been included in The Best Lawyers in America for Construction. One is a CPA and a Certified Fraud Examiner. The interplay of his skills is invaluable in cross examining experts and in analyzing claims for damages during litigation. One of them has been selected by the American Arbitration Association for its Large Complex Panel, hearing claims in excess of $500,000. He has served as an arbitrator in more than 50 cases, and as a mediator in more than 60 cases, including the sale of a manufacturing plant and complex construction cases. These skills and experiences can be invaluable in your representation.
Partners practicing in the area of construction law and litigation are a highly skilled and regarded group, and have been selected by attorney peers for inclusion in listing directories such as Super Lawyers (including Top 50 Lawyers in Arkansas). The group includes members of the prestigious American College of Trial Lawyers and the American Board of Advocates. We are honored that our competitor colleagues think well of us.
Partners in the group are regularly called upon to speak and write on topics of interest to the construction industry.
Construction Litigation
We prevented access to a contractor’s proprietary working files under the Arkansas Freedom of Information Act. We successfully argued before the Arkansas Supreme Court and furthered precedent to protect private parties contracting with the government.
We successfully defended a bank client and obtained a jury verdict for the client against a contractor claiming lender liability.
We successfully defended a contractor against claims by a subcontractor and obtained relief against the subcontractor and its surety on a large mall project in Florida.
We successfully defended three contractors before the Arkansas Supreme Court against claims that negotiated contracts with state government and public bidding laws were unconstitutional.
A client engaged us to stop a lessee from vacating a site without environmental cleanup. We successfully obtained an injunction and the site was cleaned to our client’s satisfaction.
We obtained a jury verdict in federal court for a subcontractor in a case involving minority set asides and asphalt paving for the Arkansas State Highway and Transportation Department. The case was affirmed on appeal to the United States Court of Appeals for the Eighth Circuit.
We obtained a verdict for a client on claims of breach of contract and misappropriation of trade secrets.
We defended engineers against personal injury claims alleging negligent engineering of a weep hole in a caustic day tank. The case against our clients was dismissed.
We obtained a judgment for our client against claims of negligent supervision of electrical work.
On behalf of a contractor, we successfully defended against claims for construction liens related to sheet pilings and damage to property.
On behalf of a client, we successfully obtained an injunction to stop construction in a tenant's space in violation of a restrictive covenant in the lease agreement.
We obtained a judgment for a contractor client against a subcontractor for breach of contract, and the judgment was affirmed before the Arkansas Court of Appeals.
We defended against claims of wrongful death. The case settled at trial. Prior to trial the Court granted our Daubert motion and prevented the plaintiff’s expert, Dr. Marius Ziejewski, from testifying as a biomechanical engineer.
We handled claims in arbitration between subcontractors for delay and lack of coordination of two hospital projects located outside of Arkansas.
We obtained a substantial judgment for a client against a former employee in the construction industry arising from allegations of fraud and embezzlement.
