Construction Litigation

Allyn & Fortuna provides a full range of high quality legal services to clients in all aspects of construction, government contracting and litigation. The firm represents Fortune 500 companies, regional companies and family owned enterprises in the area of construction litigation. We have over 25 years of experience representing clients in the most difficult and complex real estate markets. Our clients include owners, contractors, developers, and insurers. We offer a full range of legal services to clients in all aspects of construction, government contracting and litigation including:

Contracting with public and private entities;
Bid protests and award disputes;
Owner/developer project management representation;
Contract interpretation, complex contract claims and surety litigation;
Claims preparation and negotiation;
Interference and installation / specification issues;
Contract defaults and terminations;
Delay and inefficiency claims;
Alternative dispute resolution;
Sustainable design and engineering;
Bid, payment, and performance surety bonds;
Insurance coverage and claim disputes;
Mechanic’s liens;
Contractor licensing matters;
Property damage claims;
Labor and employment counseling; and
OSHA compliance and workplace safety issues.

Contract Formation and Performance

Developing contract documents that expressly allocate the risk, responsibility and rewards for proper performance essential to a successful project.
Utilizing our considerable experience with numerous forms of contracts, from customized forms to standard industry and government forms [including the contracts of the American Institute of Architects (AIA), Consensus DOCS, the Engineers Joint Contracts Document Committee (EJCDC) and the Construction Management Association of America (CMAA)] to develop the most appropriate contract forms for any project or task.
Advising owners, developers, prime contractors, subcontractors, engineers, architects, other design professionals, sureties or other project team members, in forming and managing contractual relationships.

Claims Prevention

Monitoring the legal aspects of projects during construction to ensure awareness of issues and potential pitfalls, and to assist in the prevention or resolution of claims.
Reviewing contract forms and procedures so clients are better able to avoid many situations that might result in claims or delays.

Construction Claims

Handling claims, including changed or unforeseen conditions, delays, disruptions, loss of productivity, acceleration, payment disputes, insurance coverage and allegations of defective design or construction.
Where possible, attempting to achieve an early and fair resolution of construction disputes without the expense and interruption of litigation.
Engaging in all forms of alternative dispute resolution, including mini-trials, mediations and arbitrations, and presenting strategies to attempt to resolve disputes promptly, amicably and short of trial.
When early resolution is not possible, our attorneys have considerable experience litigating complex, highly technical construction claims in trial and appellate courts at state and federal levels, before contract appeals boards and other administrative tribunals, as well as arbitrating before domestic and internationally sanctioned panels.

Default/Termination Claims and Surety Claims

Handling the complex issues and claims arising from contractor and subcontractor default terminations as well as failed construction projects that can result in numerous payment and performance bond claims and default or termination of bonded contractors.
Having extensively represented parties in such disputes, we can provide our clients with unique insights into handling default terminations, negotiating no-cost terminations in many cases or obtaining terminations for convenience on behalf of improperly terminated contractors, as well as working and negotiating with, and litigation for or against sureties relating to payment and performance bond claims and indemnity obligations.

Occupational Safety and Health Act (OSHA) Compliance Issues

Helping clients address the ever-changing health and safety regulations of federal, state and municipal agencies to protect individuals and property in the workplace.
Assessing the scope and application of these regulations, the potential liabilities in ongoing project activities and appropriate responses to inspection issues or the issuance of subpoenas and citations.

Property Damage Claims

Representing owners, contractors and other project participants in claims which often become very complex, arising out of property damage to projects during construction or to completed projects.
Drawing on extensive experience in litigating numerous property damage cases, as well as our long history of dealing with insurance companies and claims adjusters, ascertaining value on coverage questions and in settlement negotiations.

Insurance Litigation

We represent clients in all facets of their dealings with insurance carriers. We obtain coverage for insured claims including general liability and first-party commercial property claims, business interruption and builder’s risk claims.

Our clients rely on us in critical times of loss. We help businesses and individuals facing costly litigation or recovering from catastrophic events to get the financial protection they deserve from their insurance carriers. While the goal to maximize recovery remains the same, each client’s path is different. We pursue insurance claims with a customized approach tailored to your specific needs. We learn your business, your risk and your objectives. Whether aggressive trial advocacy or skilled negotiation is required, we are committed to meeting your goals. We are more than litigators. We are trusted business advisors helping clients maximize insurance benefits.