Litigation Practice

- Construction Law

Our experience includes the representations of residential and commercial contractors in all aspects of litigation, including litigation with owners, subcontractors, and insurance companies. Our practice also includes the representation of real estate developers in litigation relating to commercial and residential development and asset acquisitions.

The Firm has been involved in the following significant construction and real estate based matters:
  • Defense of homebuilders from claims of homeowners for alleged construction defects in numerous lawsuits in state court and arbitration proceedings.

  • Defense of homebuilders in numerous lawsuits resulting from foundation failures in subdivision and individual house foundation failures.

  • Defense of homebuilders in numerous lawsuits involving homes with an exterior insulation finish system (“EIFS”).

  • Representing homebuilders in obtaining coverage from insurance companies, including tendering claims, and negotiations with insurance companies and their attorneys.

  • Representation of homebuilders in lawsuits against insurance companies that denied coverage, including a case which resulted in a significant published federal court decision in favor of the Firm’s homebuilder client, Mt. Hawley, Inc. v. Steve Roberts Custom Builders, Inc., 215 F.Supp.2d 783 (E.D. Tex. 2002).

  • Defense of commercial builders from claims of owners for alleged construction defects.

  • Representation of homebuilders and subcontractors on issues involving lien rights.

  • Representation of residential and commercial contractors in seeking recovery against responsible subcontractors.

  • Representation of residential developer in litigation involving homeowners’ association.

  • Representation of ownership groups involving acquisition of real estate assets.

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