In this ever expanding area of law, our Construction Accident and Construction Defect practice group has gained unparalleled experience in each facet of construction litigation, representing owners, developers, builders, contractors, architects, engineers and other licensed professionals. The breadth of our representation of these clients includes construction defect claims, construction site injuries, property damage and delay claims.
Throughout our twenty five year history of litigating construction defect cases, our team has successfully represented clients involving claims of negligent design, engineering, and construction in matters ranging from individual residential units to large scale community and commercial developments and class actions. We are frequently called on to represent our clients because of our years of experience with the appropriate BOCA, IBC, IRC and NAHB standards, the NFPA installation and maintenance codes and NORA guidelines, along with our successful representation of clients faced with claims under the Consumer Fraud Act and the Unfair Trade Practices and Consumer Protection Law.
Accidents and bodily injury claims are often an unfortunate consequence of the construction industry. These losses are frequently catastrophic. Our construction accident lawyers have exhibited the expertise to properly evaluate and defend construction accident claims of every magnitude. These matters also typically involve the interplay between state tort law and state and federal regulations. We navigate the waters of statutory employer defenses, OSHA regulations, and the New York Labor Law on behalf of general contractors, subcontractors, and project owners to provide our clients with the most aggressive yet efficient representation possible.
Intertwined with a construction defect or construction accident lawsuit is the interrelationship between the insurance and contractual issues underlying the claims of liability and damages. Proper evaluation of the competing claims for defense, indemnification, and additional insured coverage is at the forefront of every analysis. Risk transfer to the appropriate party is as critical to our clients as is every other aspect of our strategic litigation defense plan.
Our experience has taught us that Construction Defect and Construction Accident claims are best managed from the moment the event occurs. We use our litigation experience to develop a comprehensive plan to immediately respond to these events and begin a thorough investigation. This immediate response can ensure that important information and physical evidence is secured, and key personnel are identified and interviewed to preserve the most complete and accurate record of the events, which is critical to a successful defense should that need arise.
Not every claim and client is best served by protracted litigation. Very often, clients express concerns related to the cost and exposure associated with this process. Construction litigation increasingly involves the use of methods of Alternative Dispute Resolution. We have decades of experience in recognizing these concerns, thus enabling us to recommend alternatives such as private arbitrations/mediations and to select the correct mediator and experts to achieve the best results for our clients in these alternative forums.
Information and referrals concerning Construction Accident / Construction Defect matters should be directed to J. Mark Pecci, II at MPecci@moodklaw.com
MARKS, O’NEILL, O’BRIEN, DOHERTY & KELLY has been at the forefront of defense litigation for over a quarter of a century representing the interests of corporations, carriers and individual clients.
