Construction Law

Woods & Aitken LLP’s national construction law practice group has counseled clients in the construction industry throughout the United States since the Firm’s founding in 1921. This tradition and dedication to the construction industry provides the experience and knowledge from which creative, value-driven, and ethical solutions to the challenges facing our construction clients can be achieved. Our service-oriented philosophy fuels our commitment to developing relationships with our clients that enable us to work with them to develop effective strategies that are consistent with their overall business goals.

Woods & Aitken counsels companies from all facets of the construction industry. Our clients include general contractors, trade contractors, specialty subcontractors, project owners, architects, engineers, suppliers, and sureties working on a variety of types of construction projects. We have experience in all legal aspects of the construction process from bid to project closeout.

When disputes arise, Woods & Aitken strives to work with our clients to identify the key issues and develop efficient and cost-effective approaches to early resolution. We have obtained favorable settlements for our clients through mediations, dispute review boards and other early resolution processes. However, if resolution cannot be achieved short of trial, our team has extensive experience in construction litigation having achieved success in arbitrations, state and federal courts, and other evidentiary proceedings.

 

Represented a California-based engineering firm in a civil lawsuit seeking contractual indemnification for settlement costs paid to injured parties as the result of an explosion caused by a natural gas leak during a building renovation project, resulting in several fatalities and dozens of injured individuals.

Represented a trade subcontractor in a multi-party arbitration of construction disputes arising from the construction of a large Federal Government data processing facility at Camp Williams, Utah, including claims to determine the responsibility for the delays to project completion, which resulted in the assessment of millions of dollars of liquidated damages by the owner.

Represented a public owner in an insurance coverage dispute arising from the underground construction of a water intake system in Lake Mead, Nevada. As the result of various differing conditions and inflow events, the contractor was required to change the tunnel alignment incurring significant additional costs, which the consortium of insurers denied coverage for.

Represented a subcontractor based in Colorado in litigation arising from work on a large computer processor manufacturing facility in Colorado Springs, Colorado. The subcontractor asserted claims in excess of $17M for the costs of additional and changed work, delays to their work, and the costs of their subsequent acceleration to ensure timely completion.

Represented a public utility against $20M of claims brought by the general contractor relating to work on rehabilitating a large water treatment facility in Las Vegas, Nevada. Woods & Aitken successfully negotiated substantial reductions in the contractor’s claims and secured significant contributions to the settlement amount from the utility’s construction manager and engineer.

Represented a Pennsylvania-based general contractor in the preparation and pursuit of its own damage claims and the pass-through claims of its subcontractors, which together exceed $30M, during the construction of the Federal Office Building located in San Francisco, California. All claims were settled through a series of mediation and negotiation sessions.

Represented a steel erection firm in litigation relating to its subcontract with the prime contractor and renovation of the terminals at O’Hare International Airport in Chicago. Due to differing conditions experienced causing significant lost productivity and extra work on the project, the client terminated its contract for nonpayment and walked off the project.

Represented a large general contractor in a lien foreclosure action due to non-payment, as well as, additional claims against the general contractor relating to the construction of the Venetian Casino Resort in Las Vegas, Nevada. On the morning of the first day of hearings on the lien claim, the parties reached a settlement and secured payment for the general contractor. 

Represented a general contractor relating to a wrongful termination lawsuit brought by a steel mill owner in Portland, Oregon concerning a $200M addition to the mill facility. Woods & Aitken was successful in completely defeating a $60M counterclaim securing a retraction of the termination for cause as well as payment of a multi-million-dollar settlement to the general contractor.

Represented electrical transmission line contractor in litigation arising from the construction of an electrical transmission line in Oklahoma. The contractor’s lawsuit alleged a breach of contract claim against the project owner, as well as a professional negligence claim against the owner’s construction manager/engineer.