Construction
Construction litigation requires a high level of trial skill to win before judges, juries, and arbitrators and as leverage to negotiate favorable settlements. Many so-called construction lawyers have technical expertise in engineering but lack the ability to persuade judges and juries, who are laypeople. We provide both technical expertise – including attorneys with engineering backgrounds – and strong advocacy. That is why we run circles around most construction lawyers.
Representations
- We successfully represented Huntsman Corporation in prosecuting claims against a welding contractor that had damaged a piping system inside a Houston area chemical facility, causing significant damage. We filed suit against the contractor, developed the evidence of liability, and settled the case on favorable terms for Huntsman.
- We successfully represented Plains All American Pipeline against a contractor who overbilled and failed to complete a project on schedule. We unearthed evidence of the contractor’s fraud by interviewing dozens of workers across multiple states who worked on the project.
- We are currently representing Savage Services in construction litigations regarding a $40 million rail terminal near Corpus Christi, Texas and a $100 million sulfur facility in Galveston, Texas.
Clients
Because of the many moving parts associated with construction, construction law covers a broad range of legal matters to protect the many parties associated with a project. Construction law clients of Mitby Pacholder Johnson PLLC include:
- Developers
- Landowners
- Business Owners
- Contractors
- Subcontractors and Laborers
- Suppliers
Each of these parties is integral to the completion and success of a project. While those who work on a jobsite to make sure the structural aspects of a project are taken care of, the attorneys at Mitby Pacholder Johnson PLLC are actively working behind the scenes to provide swift and ethical counsel on an array of legal matters.
Contracts
The attorneys at Mitby Pacholder Johnson PLLC exercise their backgrounds in negotiation when reviewing and analyzing contracts to ensure each document is fair in providing a positive outcome for clients. Starting during the initial bidding phase of a project, the construction industry and building process require many contracts. The integrity of a contract often depends upon the phrasing of a single sentence; therefore, it is crucial to have tactful attorneys who are able to draft and review contracts that meet all applicable state and federal standards and regulations.
Property Law
Property law is a key factor in successful construction projects. When applied in the construction industry, property law covers to the various forms of ownership and tenancy in real property. Legal disputes among landowners, builders, and contractors are common in the construction industry. Despite their commonality, they are still serious matters that should be handled by a seasoned business lawyer.
Liens and Bonds
When hard work has been completed on time and meets all required standards for a project, the agreed upon compensation comes due. A lien is a claim made against one party by another for nonpayment. Bonds in construction provide financial protection for investors in the case of an inability to perform the scope of agreed upon work.
Failure to pay or receive funds can greatly inhibit the progression of a project, as well as cause additional, unnecessary, and costly delays and disputes. The attorneys at Mitby Pacholder Johnson PLLC are equipped to advocate for just compensation, including in disputes involving liens and bonds. Our experienced team provides counsel to not only general contractors and subcontractors for payment of supplying materials and labor, but we are also well versed in defending and fighting for payment on behalf of engineers, designers, and owners.
Claims Related to Construction
In addition to the above legal matters, construction law can also be applied to numerous disputes that may arise over the course a project.
Claims could include but are not limited to:
- Delay of projects
- Structural defects
- Design defects
- Code violations
- Substandard materials or equipment
- Property damage
- Change orders
- Workmanship
- Construction schedule changes
Related Cases
Huntsman Building Solutions (USA) LLC v. J.K. Welding
We successfully represented Huntsman Building Solutions (USA) LLC in prosecuting claims against a welding contractor, J.K. Welding, after the contractor damaged a piping system inside
Huntsman International LLC v. D.S. Brown Company
We successfully defended Huntsman International LLC in a products liability lawsuit brought by Ohio-based specialty concrete company D.S. Brown. The case was initially filed in
Table Turning Defense Win in Construction Materials Product Defect Dispute
Mitby Pacholder Johnson trial lawyers earned a significant defense win in a construction materials product defect dispute on behalf of client Huntsman International. At issue
At MPJ, our practice is dedicated to guiding you through the legal complexities of building and development. We’re here to help you manage risks, resolve disputes, and ensure your projects move forward smoothly.
Reach out to discover how we can build your success in the construction industry.
