Construction Litigation, Arbitration & Mediation

Construction Litigation, Arbitration Mediation

Best & Flanagan’s seasoned construction litigation team adopts a novel approach to the resolution of construction claims: we listen to our clients, take a hard look at the facts and then act both boldly and nimbly to drive a resolution. Our team represents a wide range of parties in the construction industry: owners, developers, general contractors, subcontractors and suppliers for both public and private projects, as well as residential and commercial projects.

We proactively manage our clients’ risk through our contract negotiations, preserve and prosecute their rights to payment, address performance issues and resolve construction defect claims through direct negotiations, mediation, arbitration and litigation. While our clients and their work are varied, our goal is the same: deliver the best service.

We never follow a template when representing our construction clients. Instead, we approach each client and issue with the mindset of what is the best resolution and how can we best achieve that resolution. Our team draws from decades of experience that allows us to efficiently evaluate a situation, have a candid discussion with our clients about the strengths and weaknesses of their position and develop an effective strategy to drive the matter to resolution. We are strong advocates and well adept at achieving this resolution through direct negotiations; however, our team is comprised of litigators and we remained poised to try every case to the jury.

We also empower our clients with knowledge. Our construction litigation team routinely presents to clients on a variety of topics including contract issues, best practices, documentation and claims. We also team up with our business and employment law colleagues to address our construction clients’ related needs.

Client Stories

After discovery of water infiltration on multiple stories and multiple surfaces of its multi-million dollar residential and commercial complex, the owner turned to our team for counsel. We inspected the site and witnessed the water infiltration first hand. We retained quality experts to identify the cause of the water infiltration, the damages caused by the water and the scope of repairs. When the parties responsible for the construction failed to address the situation to our client’s satisfaction, we did not hesitate to commence litigation. While the discovery process was intense, it was effective and many of the subcontractors were agreeable to settlement promptly thereafter. Our team built a war chest to proceed to trial against the remaining contractors; however, we never lost sight of the opportunity to resolve the case. Due to our hard work and commitment to our client, their recovery was substantial and they were able to settle their claim on their terms. Our involvement did not end there. We stayed with the client through the completion of the repairs, showing our commitment to the client from start to finish.