Construction Law

Overview

Swift Currie’s construction law practice has helped developers, builders, subcontractors, architects and engineers avoid countless millions of dollars in liability and defense costs in complex disputes arising out of construction losses and construction defect lawsuits. As a leading firm in the Southeast for handling construction claims and litigation, we have more than 180 years of combined experience handling multiparty construction litigation, both as insurance defense counsel and direct representation of companies and professionals. We work with general contractors, subcontractors, owners, engineers and architects to advise on contractual issues, construction defect claims and advise on the distinction between covered and noncovered elements of damage. Our team is skilled at making successful tender claims against other parties to accept or reimburse our clients’ defense and indemnification and provide additional insured liability coverage.

All companies involved in construction should be confident that the language in their contracts will contain enforceable indemnification provisions and insurance clauses. We advise our clients when we see potential issues in a contract and counsel them on how to strengthen their position.

Our team’s work includes both single- and multi-unit dwellings, such as condominiums and apartments, with a focus on construction defects that arise after completion, including water intrusion, foundation sinking and structural flaws. Often, occupants will claim bodily injury as a result of construction defects that lead to issues such as mold and drywall dust. We use a stable of leading experts in specific construction defects, and we have disposed of numerous claims for bodily injury that were not actually caused by construction defects, as well as shifted allocation of liability and defense costs to other parties in the matter. In addition to structures, we handle matters such as water runoff, property damage and environmental issues resulting from construction.

We have litigated declaratory judgment actions in a variety of construction defect claims. These cases have inherent complexities, including numerous indemnification agreements in construction contracts, and many of the disputes are settled through alternative dispute resolution (ADR) methods. Our attorneys are adept at this kind of arbitration and mediation and have helped our clients obtain favorable results.

Experience

Experience

  • Defense verdict for builder of residential community on top of a hill in connection with lawsuit brought by bottom-of-the-hill owner for water and silt runoff into his dwelling where builders followed industry standard for silt fences and other proactive measures.
  • In representation of general contractor of large apartment complex, successfully convinced all subcontractors and trades to provide full defense indemnification and additional insured coverage in response to owner’s suite for millions in damages for a laundry list of construction defects.
  • Obtained summary judgment for an exterior insulation finish systems (EIFS) manufacturer in a lawsuit brought by a homeowner alleging product liability and various other tort claims arising out of alleged water intrusion and other damages.
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