Litigation: Construction
We offer one of the most sophisticated construction litigation practices in the State of New York. This level of sophistication is shown by the complex nature of the cases and by the results we have achieved.
Construction litigation is a specialized field requiring in-depth knowledge of the many dimensions of the building industry. It often couples contractual issues typical of general commercial litigation with the technical aspects of product liability cases. While extensive investigation is required to learn the true cause of a structural failure, careful analysis of construction documents is also needed to minimize our clients' exposure.
Our experience in construction litigation also includes prosecuting and defending claims by contractors and subcontractors for payment and the foreclosure of mechanics' liens.
Examples of some of our construction litigation engagements are listed below:
- New York Thruway Bridge Collapse: When the Thruway Bridge over the Schoharie Creek collapsed in 1987, the Thruway Authority filed suit for $114.0 million against firms which designed and constructed the bridge in 1954. We were retained by the general contractor, a firm engaged in heavy construction projects throughout the world. Extensive pre-trial discovery established that the probable cause of the failure was defective design of the bridge foundation by the Thruway Authority's consultant. Evidence also pointed to inadequate maintenance and inspection by Thruway staff which permitted the bridge footings to be undermined by scour over a period of three decades. The case presented technical issues of stream hydraulics, bridge foundation design, bridge superstructure design and soil mechanics. The Thruway Authority discontinued the action without taking any depositions from the contractor's employees pursuant to a settlement which provided for a relatively modest payment to the Thruway Authority. The Authority's design consultants made substantial contributions to the settlement fund. The settlement stipulation included a formal retraction of fraud allegations against our client.
- Marcy Bridge Collapse: A uniquely designed pedestrian bridge failed during installation of the concrete deck, causing serious injuries and one fatality. The design called for a 52-meter (170-foot) single-span composite girder consisting of a steel box beam with an integrated, poured-in-place concrete deck. A forensic engineering investigation commissioned by the Department of Transportation concluded that the open-top box girder ("tub girder") buckled during concrete pouring operations. The failure mode was characterized as "global torsional buckling." The resulting litigation focused on structural design, constructability and erection procedures, particularly failure to support the structure with temporary shoring until the concrete deck had attained full strength. We were engaged to defend the international engineering firm which had served as the State's consultant. Although our client's sub-consultant had prepared the structural plans for the bridge, neither firm had any role in the construction phase. Our defense established that the design fully conformed to standards of the New York State Department of Transportation and the American Association of State Highway and Transportation Officials (AASHTO). We also developed evidence that erection procedures did not provide for temporary shoring of the girder. Our discovery efforts also revealed anomalies in a "haunch survey" of the erected steel girder which portended failure under the load of uncured concrete in the absence of temporary shoring. Legal issues in the case included sovereign immunity, learned intermediaries, contribution and indemnity rights, and coordination of suits in separate courts with mutually exclusive jurisdiction of State and non-State actors. The complex of lawsuits was resolved by a global settlement, a substantial portion of which was funded by the State of New York, its contractor and the steel fabricator.
- Brockport Roof Collapse: When a post-tensioned concrete roof system collapsed during construction of a university athletic complex, the general contractor was quickly embroiled in litigation with the owner, subcontractors and design consultants. We were engaged by the general contractor to prosecute its claim for delay damages and to defend against claims asserted by others. Contract plans for an ice hockey arena called for 174-foot roof girders. Each girder was comprised of three pre-cast concrete beams to be spliced and post-tensioned at the site. Pre-trial testimony established that the failure resulted from a defect in the design of a coupling system for connection of post-tensioning cables in the segmented roof girders. As the case was about to be tried, we negotiated a $1.0 million settlement on behalf of our client and its subcontractors.
- Underwater Blasting Project: Our client, a blasting contractor, was hired to blast rock in the bed of the Hudson River at the dock of an oil terminal. The contract required blasting to a specified depth and provided that the owner would dredge and remove blasted rock. When the owner was unable to dredge to the specified depth, a dispute arose as to whether the problem was due to inadequate blasting or faulty dredging. We recovered payment in full for the contractor after a non-jury trial which established that our client had correctly performed its work and that the owner's dredging equipment and methods were inadequate to the task.
- Empire State Plaza (South Mall) Project Delays: After "fast-track" planning of this billion-dollar project led to a gridlock of design changes and delays, contractors faced soaring costs. We negotiated a $5.0 million settlement for a plumbing contractor and won a court award of $1.8 million in damages (plus $1.7 million in retainage) for an electrical contractor. In the latter case, the State's counterclaim against the contractor was reduced from $5.9 million to $373,000 (representing unexpended allowances), most of which had not been contested by the contractor.
- Cofferdam Collapse: During rehabilitation of a lock and dam on the Champlain Canal, a faulty cofferdam caused extensive flooding of the Village of Whitehall. We were engaged by a nearby manufacturing firm which sustained heavy losses when its factory was inundated by six feet of floodwaters. We filed suit against the State of New York on behalf of the manufacturer and recovered a judgment for our client and its insurers in excess of $4 million.
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