Construction Claims
- Representation of a national heavy/industrial general contractor through its winding down operations. Construction team members worked extensively with the contractor, its claims advisors, local counsel and its surety, in connection with defending and asserting millions of dollars of claims nationally. The team also worked extensively in connection with discharging the contractor's indemnity obligation to its surety.
- Represented a national general contractor and its payment bond surety in connection with a "differing site condition" Miller Act claim asserted by an earthwork subcontractor arising out of the construction of a brig for the United States Navy at the Top Gun campus at Miramar, California. A senior construction team partner was retained by the general contractor to defend it and the surety. After staying the Miller Act claim until he'd successfully concluded the general contractor's ASBCA claim, he tried the Miller Act claim to a defense verdict in the United States District Court for the Southern District of California.
- Represented the developer of the largest multi-use construction project in downtown St. Paul and its construction lender in connection with the Galtier Plaza litigation. The $96 million project was still substantially incomplete more than 2 years after the promised completion date, and delivered at a cost of approximately $140 million. The bank, by virtue of taking a deed in lieu of foreclosing on the construction loan, retained a senior construction partner to represent it in connection with defending $7 million in lien claims; defending a $5 million delay claim by the construction manager; pursuing its own delay claim against the construction manager; pursuing a professional liability claim against the principal architect; and pursuing separate defective construction claims against several of the prime contractors.
- Represented a national general contractor in connection with three separate hotel projects in Minnesota and South Carolina. The contractor retained a senior construction litigator to prosecute delay and acceleration claims against the owner, and to defend dozens of subcontractor claims asserted by unpaid subs. The firm successfully dismissed the subcontractor claims based upon the "pay when paid" clauses contained in the construction contracts. The construction litigator also recovered a multi-million dollar award for the general in connection with its delay claims.
- Representation of the Associated General Contractors of Minnesota in connection with several major supreme court cases and presentations. One of Maslon's construction team members has represented the AGC and its membership for the last ten years.
- Represented a major milling company in connection with asserting delay claims against its general contractor arising out of the construction of two new flour mill facilities located in Fresno, California and Winchester, Virginia. Members of the construction law team also represent the miller in connection with the defense of subcontractor lien claims on both coasts.
- Representation of general contractors in Minnesota, Florida and Colorado in connection with "sick building syndrome" claims. Litigated six consolidated sick building claims over seven years in Florida to a successful conclusion, recovering 98% of General Contractor's contribution and fees through its indemnity agreements.
- Represented a second-tier subcontractor regarding its potential liability to the United States Army in connection with the bid bond, where the subcontractor refused to produce drawings and other protected information required by the terms of the government's contract documents. Members of the construction law team routinely counsel clients in connection with the applicability of the FARS as they impact contract performance.
|
