Construction Defense.
Defending contractors, developers, and owners in commercial and residential projects, from contract disputes and defect claims through trial, with representation nationwide.
Technical disputes.
Consequential exposure.
Construction disputes are not only disruptive, they are expensive. The average construction dispute runs more than sixteen months and carries an average value of roughly $30.1 million. Beyond the expense, these matters are often highly technical, turning on contract language, code compliance, and sequence of work.
Whether your company is preparing against future liability or facing an active dispute, OM’s construction defense attorneys represent businesses, owners, contractors, developers, and suppliers against product liability claims, property damage, construction defects, and related claims, and serve as the go-between with insurers.
Where liability arises.
Accidents and losses on a project range from minor to devastating, and responsibility often traces to a party other than the obvious one:
- ◇Faulty construction equipment or defects found in machinery
- ◇Defective products incorporated into the work
- ◇Negligent or reckless conduct on the site
- ◇Inadequate safety or equipment training
- ◇Contract, licensing, permitting, code, and change-order issues
The parties in a construction claim.
Contractors coordinate the project: planning, budget, timeline, regulatory requirements, site safety, permits, and the subcontractors they hire. Subcontractors bring specialized trades, excavation, drywall, plumbing, electrical, and answer for their own scope. Property owners can be held liable for preventable dangerous conditions on their site. Depending on the circumstances, any of them can face exposure, which is why early counsel matters.
Three theories of liability.
Negligence
Failure to comply with building codes and standards of care. Everyone in the chain, owner, architect, engineer, contractor, owes a duty of care during planning and construction.
Breach of Contract
One party fails to fulfill the terms of the agreement and can be held liable for the other party’s resulting damages. The contract language decides the case; counsel should read it first.
Strict Liability
An implied assurance of quality and safety. Where construction falls short of the standard, in mass-produced housing, for example, a responsible party can be liable without proof of negligence.
Proving fault, and defending against it.
A plaintiff must establish fault: that a party failed to act with reasonable care or lacked the knowledge to complete the work; that a contract existed, was performed by one side, and breached by the other; or, in strict liability, that a defect in mass-produced construction caused the damage. Each theory has distinct evidence demands, expert witnesses, documentation, site records, and each has distinct defenses. OM builds the record from day one.
Resolution: mediation, arbitration, litigation.
Many construction contracts require alternative dispute resolution before litigation, often a faster, more cost-effective path. OM attorneys guide clients through mediation and arbitration with adjudicators experienced in construction law, and try the case when resolution demands it.
Minimizing liability before it starts.
- ◇Involve construction counsel when drafting contracts and legal documentation
- ◇Follow OSHA standards, and ensure every party on the project does as well
- ◇Inspect construction sites for potential safety violations
- ◇Purchase appropriate business insurance and communicate with carriers through counsel
- ◇Vet subcontractors carefully, and never cut corners against the schedule
- ◇Audit labor records and documentation for gaps that invite litigation
How OM Can Help
Our construction defense attorneys are positioned to represent the industry against defect, damage, and liability claims, and to deal directly with the insurance companies on your behalf.
- ◇Businesses & property owners
- ◇Contractors & subcontractors
- ◇Developers
- ◇Suppliers & design professionals
Related Practices
Build on solid ground.
Conversations with OM are direct, confidential, and free of obligation. Tell us about your project or your dispute.
866 481 2765 · hello@om-pllc.com