Practice Areas & Industries: Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

Practice/Industry Group Overview

Members of Baker Donelson's Construction Litigation Group have a wealth of experience representing clients in construction disputes. Whether representing owner, developer, contractor, subcontractor, architect or engineer, Baker Donelson's construction litigators successfully navigate the shoals of construction law and procedure, ensuring contract compliance through negotiation, mediation, arbitration and litigation.

Representative Matters

• Successfully defended the world's largest privately held construction company in a contract dispute involving claims by a subcontractor for costs and damages allegedly associated with the acceleration of the contract schedule of a lignite fired power plant located in Mississippi. After a four-day, three-part arbitration, the subcontractor's claim for $2.7 million in addition compensation (over the $6.3 million lump sum contract price) was summarily denied by the arbitrator.
• Won three-day construction case in Chancery Court in Nashville on behalf of a construction company on all claims being asserted and successfully had the defendant's counterclaim dismissed with prejudice. Previous counsel representing the client had advised that the case could not be won.
• Successfully upheld in Alabama Supreme Court the trial court's decision that granted a client's motion to compel arbitration and rejected the appellants' argument that the case did not involve interstate commerce.
• Successfully sustained trial court's finding that the contract provision authorizing the project engineer to make certain decisions did not constitute an arbitration agreement.
• Represented prime contractor on earthwork contract for construction of the third parallel runway at Memphis-Shelby County International Airport in litigation for delay damages and cost overruns of more than $14 million as a result of undisclosed site conditions, changes in course and scope of work, and active interference. Favorable settlement following mediation.
• Represented grading and paving subcontractor in arbitration action against general contractor seeking balance of contract price withheld for alleged delay. Obtained award for full contract price, plus attorney fees under state prompt payment act.
• Represented owner of hotel project in action against general contractor for delay and lost profits. Favorable settlement following mediation.
• Successfully represented roofing contractor in arbitration against public housing authority for payment withheld over alleged faulty work on numerous roofs.
• Represented general contractor in action against subcontractor as to cause of collapse of masonry walls and poor workmanship during construction of building to house a store for a national electronics retailer. Jury verdict for general contract, or subsequent award of attorney's fees from court.
• Defended owner of commercial facility in claim by roofing contractor for work performed in connection with repairs made at chemical fertilizer storage facility. Favorable settlement for owner.
• Served as national defense counsel for contractors involved in construction defect litigation related to Exterior Insulation Finish Systems (EFIS), and as regional counsel for manufacturers of polybutylene pipe.

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