We have handled cases involving construction site falls, crane accidents, scaffolding accidents, workers injured in the operation of equipment, structural issues, concrete and foundation defects, commercial landscaping claims, masonry and flashing issues, roof repair and replacement, water infiltration, electrical and HVAC defects, asphalt paving, and road and bridge repair issues. In addition to defending real estate brokers and real estate agents against professional negligence, and various other errors and omissions claims, they have handled other real estate litigation, which includes fraud claims, breach of contract, boundary line and title disputes.
Our firm also has specialized expertise in the area of construction surety bonds.
Several recent matters successfully handled include:
Construction Site Injuries
- Successfully defended a wrongful death case wherein the Plaintiffs contended that inadequate warnings were given by our client-contractor.
- Settled a claim on behalf of a large regional bank wherein a customer fell on concrete steps at the bank and alleged defects in the steps and in repairs. Plaintiff quickly settled when it was shown in depositions she had previously walked over the exact area multiple times and on the day in question admitted she was reading her deposit slip rather than watching her step when she fell.
- In a 5th Circuit matter, our attorneys successfully defended the Client-City against claims of discrimination in the City’s application of regulations in its inspection department. Under rigorous cross examination, it was proven that the Plaintiff continued to ignore failed inspections and refused to make corrections to the home being constructed.
Construction Defects
- Summary Judgment in favor of the Client-Defendant commercial construction company where the Plaintiff claimed construction defects and design flaws on curbing/steps on which Plaintiff fell. Defendant architect and hospital attempted to place liability against the client-construction company, however the judge agreed with our argument and dismissal with prejudice was obtained.
- A small settlement was obtained after discovery demonstrated in a case against the client-construction contractor that the damage was caused by faulty material and not the installation by the Defendant contractor.
- The client-real estate manager was found not liable by the Plaintiff’s claim that the Defendant knew and failed to disclose a defective condition in the residence.
- Successful settlement in alleged leaking pool on million-dollar residence for pool contractor which included receiving indemnity from subcontractors.
- Successfully represented numerous subcontractors in various construction defect claims where subcontractor was named directly by owner and others where general sought indemnity from the subcontractor.
- Represented homebuilder in defective foundation claim and received successful settlement as homebuilder’s subcontractors contributed the majority of the settlement funds.
- Successfully represented major general contractor in claim against audio-visual subcontractor for defective work. Succeeded in establishing and prevailing as to sub’s liability despite sub’s bankruptcy in Tennessee. Part of general contractor’s defense revolved around establishing that sub had been doing substantial business in Mississippi without first qualifying to do business in Mississippi.
- Successfully represented major general contractor against claims of subcontractor for additional work and for work that was late. Obtained dismissal of subcontractor’s claims.
- Successfully represented foundation subcontractor against general contractor on government construction project in Gulfport. Negotiated settlement paying all sums due subcontractor, including additional work, together with attorneys’ fees. Recovered sums exceeding amount of initial claim. Established all general contractor’s claims against subcontractor were without factual and legal basis.
Construction Lien Litigation
We have successfully handled construction liens for numerous contractors, subcontractors, materialmen, suppliers, architects and engineers, including, but not limited to, the following:
- Linx Industries
- HKS Architects, architects and engineers
- HD Supply Waterworks
- Cunningham Hamilton Quiter, architects
- Option Supply (Grand Soleil)
- Renovation Specialists
- Paul Steelman, architect
- National Catastrophe Restoration, Inc.
- Werner Turf
- Tom Soya Grain
Clients
Among our attorneys’ clients in real estate related and construction litigation are:
- Beers Construction
- City of Columbus
- APAC of Mississippi
- HKS Architects
- National Catastrophe Restoration, Inc.
- National Lien & Bond Claim Network
- and others