Construction Litigation & Alternative Dispute Resolution

Representative litigation and ADR construction matters include:

• Successful representation of joint venture contractor in its defense of a bid protest dispute relating to a major, $300-plus million project to renovate and update the New Orleans Convention Center pursuant to the construction management at risk (“CMAR”) procurement method, which provides an alternative to the traditional public bid process.
• Successful representation of client in its lawsuit against a prominent national engineering firm related to the structural design of the client’s hotel construction project, including wins in every pre-trial motion filed in the case, including a successful Daubert motion that excluded the defendants’ engineering expert from testifying on key issues (2021 WL 1313408), a successful motion in limine that excluded evidence on one of the defendants’ theories and struck 3 of their witnesses prior to trial (https://ecf.laed.uscourts.gov/doc1/085112513164), a successful defense of defendants’ Daubert motion that sought to exclude client’s delay expert (2021 WL 1313408), and the successful defense of an adverse summary judgment motion (2020 WL 1874077).
• Successful defense of oil and gas client in an action in which a contractor sought more than $34.6 million based on claimed schedule delays and unanticipated “extra” costs incurred in constructing one of the largest jackets for an oil and gas platform in the Gulf of Mexico.
• Successful representation of a West Coast shipyard seeking payment of eight-figure cost overruns in a vessel construction project attributable to naval architect’s design errors and vessel owner’s interference in project management.
• Obtained a successful jury verdict against an insurer and favorable settlement from a HVAC contractor relative to an improperly installed HVAC system resulting in significant moisture and mold damage.
• Represented a first party insurer and its subrogated insured (a sugar manufacturing plant) against a building supply company and the general contractor who improperly constructed a sugar warehouse that collapsed ruining the sugar stored inside and following extensive motion practice entered into a Gasquet settlement reserving our clients’ rights against the excess CGL insurer who ultimately settled as well.
• Successful representation of Vector Media Holdings in a bid protest trial regarding a project to install and improve bus stop seating for the Jefferson Parish Department of Transit Administration valued in excess of $5 million.
• Representation of several project owners in defense of private works act lien claims.
• Successful representation of an oilfield service provider in litigation involving lien claims and claims for extra costs and delays filed by client’s general contractor and two subcontractors in three cases filed in Texas and Louisiana, which were resolved early and favorably through fact and document assessment and preparation of key witnesses.
• Successful representation of a client in litigation seeking to collect amounts due to the company for post-hurricane water extraction services for a hotel that was damaged by Hurricane Laura, and then again by Hurricane Delta, in Lake Charles, Louisiana
• Obtained summary judgment on behalf of chemical company/owner by enforcing the terms of the parties’ construction contract, including a strict no damages for delay clause.  The summary judgment for our client dismissed all claims by construction contractor who sought damages for alleged undue delay, fraud, and extra costs due to alleged cardinal change and “financial duress.”  We also represented the client in the contractor’s appeal to the U.S. 5th Circuit, in which the dismissal was affirmed in full.
• Obtained a $4.8 million jury verdict in favor of a shipyard in a construction dispute with the purchaser of a large offshore lift-boat.
• Successfully represented a major energy company in a construction dispute in a seven-week trial and seven-week AAA arbitration in a $250 million offshore claim for improper installation and loss of a deep-water production facility.
• Represented a number of homeowners in lawsuits against an elevation contractor, its surety, and CGL insurers in litigation involving various insurance coverage disputes including the applicability of the “your work” and “your product” exclusions, whether coverage was afforded under the “products completed operations” hazard, and whether the “occurrence” was triggered under the “manifestation” theory or the “exposure” theory.
• Successfully represented a flooring manufacturer in connection with warranty and indemnity disputes arising from claims that the flooring had been installed improperly at the New Orleans airport and a nursing home.
• Successfully defended an international chemical manufacturer in a multimillion-dollar construction dispute in a two-week arbitration in Boston, Massachusetts.
• Successfully defended an industrial plant owner against claims brought by a construction contractor arising out of major improvements to the facility.
• Obtained a multi-million-dollar verdict related to a vessel construction dispute following a three-week Louisiana state court jury trial.
• Successful arbitration of several high-dollar vessel and oilfield platform construction disputes.
• Defended a spray foam insulator in construction defect litigation that was favorably settled.
• We also have experience representing clients before the Louisiana State Licensing Board for Contractors regarding licensing issues.
• Successful prosecution of insurance coverage and property damage claims.