Construction Litigation

From the beginning of projects through final completion, from the negotiation of contracts and preparation of bids to the resolution of construction disputes, Jackson Walker represents clients in all aspects of commercial and public construction projects. Jackson Walker represents developers, owners (both private and public), homebuilders, commercial builders, construction managers, general contractors, subcontractors, vendors, construction lenders, architects, engineers, and sureties. The breadth of our experience enables us to represent clients with a thorough knowledge of the legal relationships among the various parties in construction projects, and provides us with sensitivity to the professional and technical capabilities and positions of the disciplines participating in completion of those projects.

  • Successfully defended Dallas developer and its founder in a $10 million partnership trial that arose over construction defects on a luxury condominium project. After discovering the defects, the developer immediately took steps to address the quality issues and ensure that all existing defects were or would be repaired to the satisfaction of residents who had already purchased units in the complex. However, limited partners sued the developer for breach of fiduciary duty and other alleged wrongs. A Dallas County jury returned a unanimous verdict that the limited partners take nothing on all claims.
  • Represented a condominium developer in $32 million dollar construction defect arbitration, which also involved allegations regarding payment issues. The construction problems involved extensive water infiltration behind stucco veneer, severely unlevel floors, and nail holes in shower pans, just to name a few. There were 35 parties in the case, and the developer obtained a very favorable settlement just prior to the arbitration hearing.
  • Represents public transportation authority in the process of designing and constructing a design-bid-build commuter rail system (37 miles of track) between Ft. Worth and DFW Airport.  JW is assisting with the procurement of the design and construction firms under a design-bid-build delivery method, including drafting of necessary design and construction contracts and any ensuing negotiations, a diesel multiple unit acquisition agreement, trackage agreements, right-of-way or easement documents, compliance requirements, assistance with any change orders or contractor disputes, and responding to procurement protests.
  • Represented the construction lender in a one-month trial of $6.5 million loan default and construction defect case concerning 100,000 square foot assisted living facility destroyed by water damage.
  • Prepared and negotiated the construction contracts for the development of a $700 million, 200+ acre mixed use development near the urban district of Dallas.  It will involve 7,500 residential units, 1,000 hotel rooms, 1.2 million square feet of office space, and 800,000 square feet of retail.  JW was also instrumental in the zoning and permitting processes for this development.
  • Represented municipal airport owner in complex multi-party suit alleging improper design, as well as defective and delayed construction of airport bulk fuel storage facility. Obtained early dismissal of all claims against municipality/client through plea to the jurisdiction on basis of sovereign immunity, narrowing general contractor’s claims against owner from several tort and equitable causes of action to single claim for breach of contract. Client ultimately entered into a very favorable settlement.
  • Obtained $3.3 million judgment for home owner in construction defect suit against home builder, in which home was constructed with over 350 construction defects. During prosecution of that suit, counsel discovered that the home builder was fraudulently billing home owner and obtained judgment for fraud and violations of Texas Theft Liability Act. Affirmed on appeal.
  • Represented developer in the negotiations of the construction contracts for a strategic master planned logistics campus on 500+ fully entitled acres.
  • Represented developer in lawsuit against an insurance company for failure to promptly pay a covered insurance claim for damage to a commercial building related to a significant rain event.  The foundation of the building moved a great deal, causing damages throughout the building.  The insurance carrier argued that the problems with the building are due, in part, to the design and construction of the building.  The costs to repair the building were significant, as was the loss of use value.  The insurance carrier ultimately settled, paying $2.4 million.

When litigation is unavoidable, Jackson Walker’s trial lawyers vigorously battle to assert and protect our client’s interests. Our attorneys have successfully handled numerous construction disputes in court and arbitration, all while attempting to resolve complex construction disputes efficiently and in keeping with the best interests of our clients. Attorneys in the construction litigation section of Jackson Walker are fully knowledgeable of construction law and are extensively experienced with construction claims and cases ranging from the common to the extraordinary, including those involving:

  • Construction and Design Defects
  • Contract and Payment Disputes
  • Mechanic’s and Materialmen’s Liens
  • Performance and Payment Bond Claims
  • Defaults and Termination of Contracts
  • Delay and Liquidated Damages
  • Scope and Change Order
  • Performance and Warranty
  • Bid Protests
  • Residential Construction Liability Act (RCLA) and the DTPA
  • Indemnity Disputes
  • Indoor Air Quality, Mold, and Environmental
  • Exterior Insulation Finish Systems (EIFS)
  • Job Site Safety and Personal Injury
  • Insurance Coverage
  • Architectural Copyright Infringement and Intellectual Property
  • Development Partnership and Investor Disputes

We assist clients involved in construction projects with legal needs arising throughout all phases from the point of project conception and development, through contract negotiation and project execution, to project completion, turnover and warranty. We handle the many different project delivery systems and are well-versed in the major industry contract forms. We have handled public private partnership (PPP) matters and are positioned to provide a full range of services with respect to government contracts (federal, state and local), including bid protests and board of contract appeals claims. We assist clients with general project administration, draws and disbursements under financing arrangements, change order and claims issues arising during execution, job close-outs, settlement, and other project management tasks. Our construction transactional experience includes:

  • Drafting and Negotiating Construction and Design Contracts
  • Governmental Contracting and Procurement Requirements
  • Public-Private Partnerships (PPP)
  • Project Financing
  • Insurance Review and Risk Transfer
  • Surety Bonding

Jackson Walker’s construction group has experience in construction matters in a variety of industries, such as commercial, industrial, retail, office, multi-family and single family residential, healthcare, assisted living, education, hospitality, churches, energy, transportation, municipal, state and federal government.