Construction disputes and litigation are a cornerstone practice of Archer Norris. As long as the industry remains vital to the nation’s economy and challenged by huge risk exposure, Archer Norris litigators use their specialized building and construction knowledge to defend and protect our clients in the construction industry.

Focused on Construction Disputes

The realm of construction litigation is multistoried and frequently marked by high-liability exposure claims. These claims can range from construction defects, mass toxic torts and catastrophic injuries to mechanics liens, delay claims and business disputes.

Our Construction Litigation team has defended all types of claims involving defective construction, including claims involving residential subdivisions, apartments and condominiums as well as commercial buildings such as retail centers and office buildings. Our attorneys have also handled claims involving industrial facilities such as off-shore oil drilling platforms and oil and gas pipelines. Archer Norris builds our clients’ cases in highly challenging litigation matters.

Servicing All Construction Trades and Professions

We provide strategic dispute resolution services to Owners, developers, general contractors, subcontractors and material suppliers. Archer Norris attorneys have significant experience defending manufacturers of building materials, including an extensive practice in the defense of window products. 

Our professional liability counsel provide effective defense of architects, engineers and other design professionals. The depth of our insurance industry experience comes to bear when counseling insurers, property owners and homeowners associations.

Construction Expertise and Litigation Leaders

Our construction attorneys enjoy a reputation throughout California and beyond as among the most experienced and effective litigators of construction claims in the state. We have extensive experience in working with expert witnesses to present thorough and cost-effective defense of construction claims. Wherever possible, we utilize effective strategies to achieve early and efficient resolutions.  Archer Norris has resolved numerous construction claims through early dismissal, settlement and summary judgment throughout every jurisdiction where we practice.

Catastrophic Injuries and Wrongful Death

• Construction Catastrophic Injury - Represented a national general contractor in a re-trial related to an accident that rendered the plaintiff a paraplegic. The accident occurred at a four-building office park project on the former site of the Bay Meadows Racetrack in San Mateo, California. During the five-week retrial, we applied a novel argument involving alternative safety and design measures. After a single day of deliberation, the jury delivered a new verdict that drastically reduced our client’s share of liability to a fraction of the original award.
• Elevator Accident/Construction Negligence - Successfully defended and reduced risk exposure of a commercial subcontractor in a negligence suit connected to an ironworker’s injuries from a four-story fall down an elevator shaft.
• Glass - Defend various transporters of glass in litigation and injury matters.
• Head Injury - Represented a concrete subcontractor involved in litigation related to a worker impaling his head on rebar at a Los Angles Unified School District site, leaving the plaintiff unable to communicate. We protected our client by substantially reducing the initial high demand and successfully indemnifying other parties in the lawsuit.
• Jackhammer Injury - Eliminated liability for our client, an electrical contractor, in a wrongful death claim connected to a jackhammer-related accident.
• Roofing - Obtained a defense verdict for a roofing contractor in an eight-day trial related to ladder accident.
• Welding - Successful trial outcome on behalf of welding consumable manufacturer in claims made by a welder alleging his chronic obstructive pulmonary disease resulted from welding fume inhalation.

Complex Multiparty Construction Defects

• Homeowners Associations (HOA) - Advise and represent HOAs, managers and their insurers in multiple disputes.

Construction Fraud

• Educational Institution - Achieved zero liability for a major Southern California university in injury claims related to an alleged construction defect in its gymnasium.

Construction-Related Business Disputes

• Business Disputes - Extensive experience representing contractors, subcontractors, insurers and private clients in litigation involving delay claims, mechanics liens and other contentious issues. Clients have included national home builders, property owners and subcontractors in grading, drainage, framing and concrete.
• D& O - Defended the chief financial officer of a major international contractor in a Director and Officers claim.

General Contractor and Developer Liability

• Apartment Complex - Favorably resolved claims made against a contractor concerning responsibility for construction defects in breezeways and stairways of an apartment complex.
• Electrical Contractor - Favorably settled a claim by a homeowner against an electrical contractor involving fire-related injuries.
• General Contractor - Defended a general contractor using a failure of good faith argument against the plaintiff, a bonding company. We shifted the burden for over $2 million of construction costs from the contractor back to its bonding company.
• International Electrical Contractor National Litigation - Serving as litigation coordinator for a national defendant, a Fortune 500, five-billion dollar, international contractor of electrical services.
• Materials Manufacturers - Flooring and Electrical - Ongoing counsel and litigation defense to large commercial and residential contractors and manufacturers of tile, flooring and electrical services and materials.
• Public Housing - Trial defense of a contractor of a 98-unit housing project in Richmond. We reduced the contractor’s liability in multiple suits with the city and surety company.

Mechanics Liens and Delay Claims

• Delay Claim - Defended a window manufacturer involved in a delay claim connected to a multimillion-dollar home, resolving the dispute without formal action.

Soil Subsidence, Drainage and Contamination

• Earth Movement - Handle multiple cases involving landslides and other earth movement-related damage claims. Issues include maintenance of properties, road cut and vineyard construction in cases across Southern California, including in the Hollywood Hills, Pacific Palisades, Malibu, Palos Verdes and throughout the Santa Monica Mountains.

Water Intrusion and Crossover Toxic Mold

• Defective Construction and Water Intrusion - Represented a general contractor of a 180-unit apartment complex in Roseville facing a range of allegations including construction defects, water intrusion and mold contamination. We resolved the case months ahead of trial for a fraction of the plaintiff’s demand, achieving a global settlement.
• Environmental Remediation Injury Verdict - Achieved a 12-0 defense verdict, following a four-week trial, on behalf a remediation contractor facing allegations related to mold, sewage and personal injury claims in an Oakland Hills property. Following the trial, our client was awarded attorney costs, which was later affirmed on appeal.
• Mold Injuries - Represented three property management/ownership clients facing plaintiffs’ allegations that they became asthmatic from mold caused by an undiagnosed roof leak in the clients’ building. By undermining expert testimony on the linkage between mold and serious permanent physical injury, the Archer Norris defense team prevailed in three-week trial and obtained a defense verdict. The matter was a nominee for Alameda County’s Trial of the Year.
• Toxic Mold - Represent numerous contractors and subcontractors in toxic mold claims and achieve favorable outcomes.
• Water Intrusion/Shopping Center - Defended claims of waterproofing defects against a general contractor who built a multilevel retail center in Emeryville. Assertive handling of the plaintiff’s allegations led to a favorable settlement for our client.

Fast Facts

• The power to defend - Archer Norris is a Martindale-Hubbell A-V rated firm with the well deserved reputation for providing technically sound and aggressive representation in complex, high-stakes cases.
• Litigation team includes some of the most experienced trial attorneys in California.
• It is never too late to take charge of the outcome of your case.