Construction Litigation

Construction litigation is a specialty of Capehart Scatchard and our Construction Litigation Group represents the litigation needs of our broad client base in New Jersey, Pennsylvania, and New York.  Our experienced attorneys regularly represent owners, general contractors, subcontractors, and insurance companies in a wide array of public and private construction-related matters, including:

  • Construction defect litigation;
  • Personal injury and property damage claims;
  • Bid Protests;
  • Payment disputes; and
  • Performance disputes.

Our attorneys have well-rounded experience in all facets of the construction industry and construction law. More importantly, our attorneys have significant trial experience, which distinguishes us from other construction firms. Our approach is aimed at the early identification of key issues and is predicated on developing the earliest possible litigation strategies tailored to the individual case and client.   In this manner, we identify early on what are the greatest strengths and possible weaknesses of our client’s position, and from there we are in the strongest position to achieve the best possible results.

The Firm’s attorneys are also well versed in the legal defenses available in construction-related tort litigation and regularly develop strategies in such areas as workers’ compensation immunity for employers, the statutory employer defense for general contractors and the peculiar risk exception to the rule of non-liability for a property owner from a general contractor’s activities.

Examples of some construction litigation matters include:

  • Represented contractor of garage superstructure for 160 beach front high-end condominiums against developer involving fourteen (14) parties and over ten million dollar claim.
  • Represented national builder in construction case which was tried to conclusion where demand was over two million dollars.
  • Representation of general contractor in suit for damages and extra expenses incurred in construction of eighty million dollar high school building hampered by unanticipated earth and foundation conditions and unusually severe winter weather.
  • Represented major New Jersey University claim against general contractor from leakage in building.
  • Represented steel erector in construction claim alleging improperly constructed truss.
  • Represented Burlington County Board of Chosen Freeholders in United States District Court, District of New Jersey in defense and third-party claim litigation over $2.3 million contract to renovate and expand the Bordentown branch of the Burlington County Library System.
  • Represented various contractors and developers against catastrophic personal injury claims arising from construction site accidents.
  • Represent the City of Cape May in construction contract, regulatory and professional negligence claims over the construction of the City’s Convention Hall.

Like all of Capehart Scatchard’s practice groups, the Construction Litigation Group is dedicated to aggressive, creative, sensible, yet economically efficient representation of our clients to achieve the desired goal.