Architects and Engineers/Construction Liability

Secured arbitration defense verdict in favor of blasting client.

Suit was dismissed against Insurer in small claims trial related to blasting work performed by Insured.

Obtained dismissal of a home inspection company accused of negligence in preparing inspection reports for construction draws. The Plaintiffs/homeowners accused the inspection company of inappropriate reporting of the percentage of completion of the construction work on the property. We moved to dismiss the complaint on the basis that the homeowners were not in privity with the defendant-inspection company, whose only contract was with the lender. The Judge of the Clermont County Court of Common Pleas agreed and granted the defendant’s motion to dismiss.

Summary Judgment granted in favor of mechanical and electrical construction, industrial and energy infrastructure, and building services company regarding property damages arising out of a water leak event in a commercial building.

Defended roofing and siding company against claims of violations of the Consumer Sales Practices Act, Home Construction Service Act, Home Solicitation Sales Act, negligence, breach of contract and unjust enrichment. 

A quarry owner and asphalt producer directed our blasting contractor client to conduct blasting within 20-25 feet of its asphalt plant, with knowledge that the blasting activity conducted there would present a risk to the plant. When the plant was damaged from blasting activities, it sued our client, claiming that the contractor should be strictly liable. We argued that strict liability should not apply to these circumstances, because the stated rationale for applying strict liability is to blasting cases is to protect innocent third parties who do not benefit from the blasting activities, which does not apply to these facts. The trial court agreed and the Court of Appeals upheld the decision.

Argued a first impression case in front of the Indiana Court of Appeals to uphold the trial court’s determination that strict liability does not apply to our client’s blasting activities, where blasting was conducted in a quarry at the direction of the quarry owner.

Motion for summary judgment granted in favor of blasting client. The Sixth Circuit upheld the dismissal of Plaintiff’s Complaint as well as the award of attorneys’ fees in our client’s favor.

Succesfully defended our drilling and blasting client against claims of breach of contract and alleged inadequately performed blasting work. The court granted our client summary judgment, dismissed all of Plaintiff’s claims, and awarded our client all of its attorney fees and costs.  

Summary judgment was granted in favor of construction company on negligence claims, including a wrongful death claim.  The appellate court affirmed that decision, finding that the district court properly granted summary judgment under Ohio law.

Obtained a dismissal of a complaint on behalf of an appraiser client in Greenbrier County, West Virginia by successfully arguing an appraiser hired by the lender owes no duty to the property’s buyer. This appears to be a case of first impression under West Virginia law.

Summary judgment granted in favor of construction company on negligence claims and motion in limine granted to exclude the plaintiffs’ experts and strike their report.

Successfully resolved a $7M arbitration claim in a construction dispute in Los Angeles, California which resulted in no payment to the claimant and a sizeable recovery for the firm’s client.

Successfully challenged MSHA citation on behalf of a blasting client, resulting in a reduction of assessed negligence and a significantly reduced fine.

Obtained a dismissal of a complaint on behalf of an appraiser client in Jefferson County, Kentucky successfully arguing an appraiser hired by the lender owes no duty to the property’s seller.

Represented plaintiff in breach of contract and conversion case against contractor for failing to perform adequate demolition work in a timely manner.

Successfully overturned Magistrate’s bench trial verdict awarding Plaintiff full damages, fees, and interest during oral arguments on objections and motion for a new trial. Immediately after, successfully argued for a directed Defense verdict based on the first trial’s transcript in lieu of a second trial.

Successfully challenged an ATF effort to revoke clients’ explosives licenses due to a theft and loss of explosives. Represented the clients before the ATF in Washington, D.C. ultimately negotiating a successful resolution for the clients that allowed them to maintain their licenses, avoid revocation / suspension, and avoid the cost of proceeding to an administrative hearing and potential appeal to federal circuit court.

Charles Patterson, et al. v. Adelta, Inc.

Appeal of summary judgment in premises liability case involving inherently dangerous work.

Defense of construction liability and personal injury claim, resulting in a jury verdict that was $562,000 less than the damages originally requested by the plaintiff

Obtained summary judgment in a case involving claims of negligent design and construction of a fertilizer grain facility.

Defense of construction liability personal injury matter

Conte, Jr. v. Blossom Homes, LLC

Contractor appealed trial court’s denial of enforceability of arbitration agreement in residential construction contract

Arbitration defense of construction liability defect and warranty claim

Motion for summary judgment was granted in favor of client in prosecution of indemnification crossclaim.

Third-party claims for indemnity, contribution, and apportionment arising from allegedly defective product (crane remote control).

Defense of
construction liability property damage claim

Defense of an Architects and Engineering Professional Malpractice Claim

Arbitration defense of property damage construction liability

Defense of construction design liability claim

Defense of architect against professional negligence claim

Arbitration defense of property damage construction case

Defense of construction liability property damage claim.

Coughlin v. Acock Associates

Motion for summary judgment granted in favor of client was affirmed on appeal in construction case.

Cincinnati Insurance Co. v. City of Cleveland

Motion for summary judgment granted in favor of opposing party was reversed and remanded on appeal in construction case.

C. Heider, Admrx., et al. v. U.S. Utility Contractor Co.

Plaintiff appealed adverse trial court judgment in design defect of traffic signal wrongful death action.

Panzica Construction Co. v. Zaremba, Inc.

Motion to dismiss and compel arbitration was granted in favor of client affirmed on appeal in construction case.

Defense of construction liability property damage claim

Judith Duffett v. Greg Abdoo, et al. v. Phillip Mata, et al.

Plaintiff appealed adverse trial court result in construction defect liability case.

Defense of commercial construction litigation claim

Arbitration - Defense of construction liability property damage claim

Defense of construction liability property damage claim

Arbitration defense of construction residential multiple defect claim

Defense of claim alleging negligent construction during installation of sanitary sewer

system causing flooding of numerous apartments.