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Construction
When determining their rights or possible exposure on a construction project, owners, contractors, materialmen, design professionals and their carriers look to us for assistance. With a team of lawyers who have analyzed, negotiated, mediated, arbitrated and litigated contract, lien, bond, workmanship and defect claims, we have the experience to assist our clients. We have successfully dealt with design deficiencies; substandard workmanship; bid disputes; the applicability of pay when paid provisions; ambiguities between contracts, plans and specifications; warranty issues; payment hold backs; partial performance; differing site conditions; job delays; and the impact of improperly documented change orders and extras.
We are litigation counsel to many recognized names in the industry, advocating both small and large dollar cases on their behalf. We also publish a website (www.thelienzone.com) geared exclusively to providing construction professionals with information on current legal developments in this often complex area of the law.
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 It began twelve years earlier when a municipality which had hired our engineering firm client accused it of professional negligence for providing inaccurate estimates. The municipality relied on this information to obtain what turned out to be an unnecessary bond to help finance a road improvement project. As this litigation developed, the firm's lawyers presented arguments before four different judges, conducted two jury trials and handled an intervening appeal. However, a six person jury, having heard the case for seven days, ended our client's ordeal by returning a zero verdict in its favor, a compete victory made even sweeter when the municipality also paid a sizeable amount of our client's legal fees and costs incurred over the course of the litigation.
Pursuing an invitation to work on an off shore luxury hotel, a major subcontractor asked us to review the extensive contract documents and help negotiate more favorable terms on this multi-million dollar opportunity. We linked our client's treatment by the contractor to that of the contractor by the owner, placing our client on a more equitable, if not even, playing field. We then went about working on a joint venture agreement required by our client's need to partner with a local entity supplying the labor.
An owner who had embarked on a ten million dollar renovation of his facility asked us to intervene when he discovered a number of subcontractors and materialmen had liened his property. The general contractor, having been fired for its inability to meet scheduled time frames, had also failed to pay several of its suppliers. A close review of the facts and the recorded liens revealed a number of inconsistencies and technical flaws, allowing us to negotiate significant reductions on certain liens and to set aside other encumbrances through suit.
Not all results are provided, the results are not necessarily representative of results obtained by the firm, and a prospective client’s individual facts and circumstances may differ from the matter in which the results are provided. |
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CONTACT
200 S. Biscayne Blvd., Suite 1800, Miami, Florida 33131
Phone: 305.347.5290, Fax: 305.377.8695
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Copyright © 2010 www.barthet.com. All Rights Reserved.
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