Construction Design Practice

Mound Cotton has successfully represented a variety of clients in the construction and design industries, including ENR 400 contractors, other prime contractors, subcontractors, project managers and CM’s, as well as engineers, architects, and surveyors. Our attorneys have handled construction disputes involving delay damages and other claims arising under prime and sub contracts, standstill agreements, liquidation agreements, and pass through arrangements, as well as unresolved extra work disputes, quantum meruit issues, subcontractor mechanic's liens, and payment bond claims. Our construction and design engagements include: 

• Disputes on heavy construction public works projects ranging from NYSDOT road jobs to facilities for the MTA, DOS, Amtrak and the Port Authority, as well as GSA building construction projects.
• Defense counsel in disputes arising from major construction projects and accidents, such as structure or crane collapses or other catastrophes resulting in property damage or personal injury, and losses stemming from delay in completion of the project, including: obligations of the respective parties, general conditions and project terms, scheduling and sequencing, design defects, faulty workmanship, critical path, causation and quantum of delays, scope of recoverable damages, completion deadlines and time lines, as well as project management and responsibilities of general contractors, construction managers, owners, and subcontractors.
• A broad array of toxic tort, labor law, and other work site significant injury claims for our construction industry clients, such as mass tort claims involving injuries caused by various chemicals, including but not limited to benzyne, silica, chromium, pcb’s, asbestos, lead, and mold.
• Property damage and personal injury claims arising from losses in adjacent properties and alleged design defects, negligent construction practices, and violations of various building codes, ANSI and other industry standards.
• Work with project managers, risk managers and in-house counsel for national and international corporations in drafting contractual language to reduce large-scale litigation and effectively transfer risk and insulate against exposure that often arises long after a project is completed.
• Resolution of defense and indemnity obligations between project parties.
• Design-build project compliance and proceedings.
• Bid protests and related TRO and injunction proceedings.  
• Claims analysis with consultants and experts to determine CPM impacts and related inefficiency costs, inclusive of the development of our own scheduling and critical path analysis to objectively assess the status of the project immediately prior to the loss, which allows us to fully understand the impact that the loss had on the ultimate completion and cost of the project.
• E&O and other claims commenced against engineers, architects and surveyors.
• Environmental law, including issues involving federal statutes such as CERCLA and "Superfund,", and directives of the EPA and state and local agencies.
• OSHA compliance and proceedings.
• Employer liability, including discrimination, harassment, and ERISA claims.