Practices

 

Practice Details

Construction, Fidelity & Surety

The Firm has developed a national reputation in construction law and litigation. The heart of this part of our practice remains the resolution of construction claims, but it also involves a wide array of related issues such as bidding disputes, arbitrations, mediations, regulatory matters, compliance, contract negotiation and formulation, liens, environmental problems, construction defect litigation, labor, as well as surety bonding questions in both the public and private sectors.

The Firm's lawyers have broad experience in all phases of construction law representing developers, contractors, subcontractors, suppliers, design professionals, sureties, insurers, and all others involved in the construction process. Attorneys experienced in the construction process offer an invaluable perspective in providing practical hands-on legal counsel.

The Firm has extensive experience successfully prosecuting and defending claims on behalf of contractors and sureties against the Federal Government and public authorities in New York, New Jersey, Pennsylvania, Massachusetts, Delaware, Connecticut, and across the Country.

The Firm has been successful at achieving fair and appropriate resolution of clients’ problems and disputes often without resort to litigation and its inherent delay and expense. We have expertise in all forms of Alternative Dispute Resolution, such as Dispute Review Boards, mini-trials, mediation, and arbitration. If resort to these procedures does not resolve a client’s dispute, the Firm has an enviable track record in successfully prosecuting and defending claims in the federal and state courts at the trial and appellate levels.

The Firm has assisted clients in resolving disputes arising from many of the largest construction projects in this area, including numerous commercial developments, office buildings, manufacturing facilities, and public works projects such as military bases, waste treatment plants, railroad terminals, road projects, schools, and hospitals.

In addition to representing elite heavy construction contractors, the Firm enjoys similar recognition and is equally experienced in the field of surety bond claims and litigation. MDM&C attorneys regularly represent sureties, insurers, reinsurers, general contractors, trade contractors, architects, engineers, developers, and public and private owners.  We have handled matters in these areas throughout the country and have litigated and tried cases in many state and federal courts.

Our practice in these areas include defending payment and performance bond claims, as well as defending claims on fidelity, financial institution, public official, commercial, and miscellaneous bonds.  We act as national counsel for a surety client and handle all performance, payment, and commercial bond claims.  We also advise and represent the client on significant underwriting, claims handling, and salvage/subrogation issues.

On behalf of our surety clients, we have managed the completion of defaulted bonded work programs by large contractors located throughout the country through a mixture of takeover contractors, tender contractors, and financing of defaulted bond principals.  We have successfully prosecuted claims against lenders of defaulted bond principals asserting assignment of rights in bonded contracts and have defended claims by indemnitors alleging various tort claims such as bad faith and lender liability.  We also prosecute claims belonging to completing sureties against public and private owners involving cost-overruns and impacts attributable to delays, disruptions, differing site conditions, and other forms of equitable adjustments.

As counsel for many of the major surety underwriters, the Firm has managed the completion of numerous complex construction projects following defaults on bonded contracts, and prosecuted and resolved resulting claims. Construction disputes and litigation require adept legal counsel with special skills and in-depth experience – all are available at MDM&C.