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Civil Litigation

Construction Defense

A claim has landed on your project: an owner alleging defects, a subcontractor demanding payment, or an injured worker naming every company on the job. Construction defense usually begins less with the courtroom and more with the contracts and insurance policies already in your files.

Reviewed

01 GUIDE

Construction Defense: what usually happens

How claims reach contractors

Construction disputes rarely involve only two parties. An owner may sue the general contractor, who in turn brings claims against subcontractors and suppliers whose work is in question. Injury cases can name the owner, the general contractor, and several trades at once. Payment disputes often come with mechanic's liens that cloud the property title and put pressure on everyone up the chain. The subcontract's indemnity clause, and whether your company was named as an additional insured on someone else's policy, frequently decides who carries the cost of the defense long before anyone decides who was at fault.

Insurance, notice, and project files

Report the claim to your liability insurer promptly and in writing, even if you think it lacks merit, because late notice can create coverage problems. If another company's policy names you as an additional insured, a separate tender to that carrier may be needed. Pull the contract, change orders, daily logs, inspection reports, submittals, photos, and correspondence for the relevant work, and instruct staff not to discard or edit them. Contracts often contain their own notice and claim procedures with short deadlines, and those can matter as much as any court rule. Avoid informal admissions to the owner or other trades while the facts are still being sorted out.

Building a defense plan

Early on we read the prime contract and subcontracts together to see how risk was allocated and whether arbitration, mediation, or a specific forum is required. We look at whether third-party claims against subcontractors, suppliers, or design professionals should be brought into the case. We also coordinate with insurers, since the carrier may appoint defense counsel and the interests of insurer and insured are not always identical. A technical consultant may be needed to evaluate the work itself. Our goal at the start is to give you a clear picture of exposure, likely cost, and the decisions that are yours to make.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

Client-centered service across jurisdictions

Global Coordination & Expertise

We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

Multilingual & Cross-Border Communication

Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

Client-Centered Approach

Client service lies at the heart of our operations. From the initial consultation, we prioritize understanding your situation, listening to your goals, and providing regular updates and strategies tailored to your individual case.

Multidisciplinary & Efficient Solutions

Our multidisciplinary approach and established processes enable us to address cross-border challenges with efficiency.

06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

285 Fulton Street, New York, NY 10007
(855) 529-7557

Washington, D.C.

Suite 985, 1717 K Street NW, Washington, DC 20006
(855) 529-7557

Los Angeles

1901 Avenue of the Stars, Suite 820, Los Angeles, CA 90067
(424) 561-7557

Attorney Advertising. This page is general information about construction defense and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.