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Construction

Construction Lawyers - Construction Law Firm - Construction Dispute Attorneys

A national reputation in construction law and litigation.

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The highly experienced construction lawyers at McElroy Deutsch represent owners, general contractors, construction managers, subcontractors, sureties and architectural and engineering design professionals in all aspects of the design, procurement and construction of commercial, healthcare, educational, industrial, institutional, multi-family housing, and state and federal infrastructure projects throughout the United States, and internationally. Our law firm’s construction expertise also includes the representation of multi-national engineer, procure and construct (“EPC”) contractors, on projects involving power plants, petro/chemical refineries, off-shore wind farms, mining, and military bases.

Our construction attorneys have extensive experience working with clients from the conceptual and financing phase, through site development, contract drafting, insurance strategies, engineering and design, project management, project counseling, regulatory matters, OSHA violations, and project close-out, with an emphasis on maximizing cost-efficiency. Our experience with a broad array of contract delivery models, including lump sum general contracting, construction management, design-build, EPC, EPCM, GMP, integrated project delivery, cost-plus and public-private partnerships allows us to provide experienced counsel on any matter.

Litigation, arbitration, mediation and other forms of dispute resolution, when necessary, are areas of particular emphasis and part of the law firm’s history. Our construction lawyers have represented their clients for over 30 years in the various types of disputes arising out of construction projects, including bid protests, breach of contract claims, disputed change orders, schedule delays, disruptions, lost productivity, mechanic’s liens, contract defaults and terminations, and claims alleging professional negligence, defective design and/or construction.  Our experience affords McElroy Deutsch the ability to provide a full suite of turn-key solutions for our clients.

The team of appellate lawyers at McElroy Deutsch are also particularly well versed and experienced in handling construction related matters on appeal to state and federal appellate courts.

McElroy Deutsch is ranked as one of The Top 50 Construction Law Firms™ by Construction Executive magazine and our attorneys are individually ranked as industry leaders by Chambers USA™ and Super Lawyers™.

Representative Cases

Results may vary depending on your particular facts and legal circumstances.

  • Obtained a declaration on summary judgment that ExWorks had a first priority lien in a defaulting borrower’s nuclear cooling equipment.  Multiple parties, including a commercial landlord and competing lenders, had been vying for first lien position.  The court held that neither a landlord’s lien nor lien circularity could defeat ExWorks’ lien.  The court’s ruling accorded ExWorks all of the proceeds from the sale of the equipment.                       
  • Defended Montclair State University against a contractor’s $8 million claim for delay and other damages on the Frank Sinatra Residence Facility Project. Also resolved the contractor’s $8 million claim for delay for less than 10% of the claim amount on the John J. Cali School of Music Project.
  • Defended Yale University against contractor claims for cost overruns on a college hall reconstruction project.       
  • Pursued a claim on behalf of Georgian Court University against the architect of the University’s Health and Wellness Center for contract change orders arising out of design errors and omissions. Also guided the University through the bankruptcy of its architect in the middle of a major three-building renovation by utilizing the bankruptcy court and transitioning the project to a new architect for successful completion.

 

A national reputation in construction law and litigation.

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Related Industries
Construction
Education
Government (Federal, State & Local)
Insurance
International

Key Contacts

More Attorneys
Louis Pepe - Commercial Litigation Attorney Connecticut – Lou Pepe - Hartford Business Lawyer
Louis R. Pepe
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Of Counsel
860-522-5175
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Related News & Insights

News
Top Law Firm - Best Lawyers – Best Law Firms
November 2, 2023
McElroy Deutsch Ranked by Best Law Firms® in 2024
McElroy Deutsch today announced that it has been recognized in the 2024 edition of Best Law Firms®, ranked by Best Lawyers®, nationally in 4 practice areas and regionally in 26 practice areas.Firms included in the 2024 Best Law Firms® list are recognized for professional excellence with persistently impressive ratings from clients and peers.
News
Top Law Firm - Best Lawyers – Best Law Firms
July 20, 2023
Michael R. Morano Named to the New Jersey Law Journal's 2023 New Leaders of the Bar
McElroy Deutsch is pleased to announce that Michael R. Morano has been named to the New Jersey Law Journal's ("NJLJ") 2023 New Leaders of the Bar list.  A link to the complete list of honorees can be found here.For this recognition, the NJLJ considers attorneys who have brought both notable achievements and outstanding potential to the table. NJLJ awards honor those who have left an indelible mark on the legal community in New Jersey and beyond through their unwavering dedication to the profession.Mr.
Article
June 9, 2023
Whether The Court Or The Arbitrator Determines The Existence Of An Arbitration Agreement
In 2019, the United States Supreme Court concluded that the “wholly groundless” exception employed by the Fifth Circuit and some other Courts of Appeals was inconsistent with the text of the Federal Arbitration Act and with Supreme Court precedent.1 The “wholly groundless” exception allowed the cour
News
June 1, 2023
Chambers USA Recognizes McElroy Deutsch in the areas of Insurance, Bankruptcy/Restructuring, Labor & Employment, and Litigation: General Commercial
McElroy Deutsch is pleased to announce its 2023 accolades from Chambers USA in the areas of Insurance, Bankruptcy/Restructuring, Labor & Employment, and Litigation: General Commercial. Chambers USA also recognized 14 McElroy Deutsch attorneys in this year’s rankings. The Firm’s ranked attorneys include: Jeffrey Bernstein - Bankruptcy/Restructuring Gary D. Bressler - Bankruptcy/Restructuring John T. Coyne - Insurance Thomas R. Curtin - Litigation: General Commercial Todd Jaworsky - Insurance Barry D. Kleban - Bankruptcy/Restructuring Joseph P.
News
Top Construction Law Firm - Construction Executive Magazine’s 2022 Top 50 Construction Law Firms
June 29, 2022
McElroy Deutsch Recognized in The Top 50 Construction Law Firms™ by Construction Executive Magazine
McElroy Deutsch today announced that it has ranked number 19 in The Top 50 Construction Law Firms™ by Construction Executive Magazine (“CE”). A link to the digital issue can be found here. This is the Firm’s third consecutive appearance on this prestigious list.McElroy Deutsch’s construction practice consists of over thirty attorneys.
News
The Top Construction Law Firms
June 16, 2021
McElroy Deutsch Recognized in The Top 50 Construction Law Firms™ by Construction Executive Magazine
McElroy Deutsch today announced that it has ranked number 13 in The Top 50 Construction Law Firms™ by Construction Executive Magazine (“CE”). A link to the digital issue can be found here. This is the Firm’s second consecutive appearance on this prestigious list. McElroy Deutsch’s construction practice consists of over forty attorneys.
Article
April 20, 2021
The Timeless Lessons of Perini Corp. v. Greate Bay Hotel & Casino, Inc.
Summary This article explores the history of Perini Corp. v. Greate Bay Hotel & Casino, Inc.
Article
Construction Lawyers - Construction Law Firm - Construction Dispute Attorneys
April 6, 2021
Timing and Knowledge are Crucial to Minimize Disruptions tied to a Financially Distressed Subcontractor
An increase in the likelihood of subcontractor insolvencies and bankruptcy petitions is but one of the economic impacts the COVID-19 pandemic has and will continue to have on the construction industry.  Therefore, prime contractors and construction managers should have some understanding of the comm
Article
2020 Top 50 Construction Law Firms
June 22, 2020
McElroy Deutsch Recognized in The Top 50 Construction Law Firms™ by Construction Executive Magazine
Article
March 24, 2020
"Federal Circuit Determines Whether a Surety Has the Right to Settle its Principal's Affirmation Claims on Miller Act Contracts" (page 8), Fidelity & Surety Law Committee Spring 2020 Newsletter
Event
October 4, 2018
Subdivision Bonds: Underwriting and Claims Handling, CLE
Article
July 13, 2015
Author, "Site Safety and Protecting the Public, Industry Safety Customs Do Not Define Standard of Care," Connecticut Law Tribune
Article
April 1, 2012
No corporate veil protection for licensed professionals exists in New Jersey
Event
Presenter, Annual Construction Case Law Summary and Legislative Review, Connecticut Bar Association Construction Law Section, 2015 Legal Conference
Article
"Obligees’ Bad Faith Claims Against Sureties Dismissed: Two Recent Federal Cases Provide Analysis," ABA Fidelity & Surety Law Committee Newsletter (Spring 2015).

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