We possess a broad range of experience defending general contractors, subcontractors, and suppliers in the construction industry against claims ranging from relatively minor injuries to catastrophic injuries and wrongful death lawsuits. Successfully maneuvering among and utilizing the various contractual, statutory, and judicial provisions involved in multi-party construction suits is the hallmark of our abilities in this area. McCormick & Priore also handles construction defect claims arising out of small and large construction projects, as well as contractual indemnity claims and issues that frequently accompany such litigation.
Construction injury litigation presents factually nuanced and legally complicated litigation. In addition to involving serious injuries and death, the inherent nature of a construction site necessitates that multiple parties and, correspondingly, multiple insurance policies, will be involved in construction defect litigation. Additionally, a proper assessment of fault and liability requires detailed review and analysis of the contractual agreements among the various contractors and subcontractors, including indemnity agreements. Finally, a construction defect litigation attorney must be thoroughly familiar with industry standards and regulations, including OSHA requirements.
Our attorneys routinely handle construction defect matters, both in the defense of tort claims brought by injured plaintiffs and as coverage counsel for a carrier involved in a construction defect case. To this end, our practice cooperatively overlaps with our insurance coverage and bad faith departments.
Whether it is a client’s wish to resolve a construction defect claim quickly and efficiently or to defend the claim through trial, we are experienced at positing a construction defect claim to achieve the best possible resolution for our client. We regularly participate in construction defect mediations and arbitrations and, for those matters that cannot resolve, proceed to jury trial. Regardless of how a case ultimately resolves, we work cooperatively with our client, every step of the way, to allow for informed decision making and desirable results.