Overview
Calfee’s Construction Litigation practice is founded on the recognition that litigation must serve business objectives – not the other way around. Our Construction Litigation attorneys recognize clients’ objectives in developing strategies to resolve business conflicts through the traditional legal process or alternative methods of dispute resolution.
Noteworthy
Best Lawyers® “Best Law Firms” Rankings
Calfee was selected for inclusion in the 2024 "Best Law Firms" rankings in Construction Law (Regional Tier 2 Cleveland).
Benchmark Litigation Rankings
Calfee was selected for inclusion by Benchmark Litigation 2024 as a Highly Recommended Law Firm in Dispute Resolution in Ohio. Additionally, 14 of Calfee's Litigation partners have been ranked by Benchmark Litigation as "Litigation Stars" in the U.S. (National), Midwest, and Ohio and as “40 & Under" and "Future Stars" Honorees.
Professionals
Professionals
Experience
Experience
- Represented a state government commission client in a matter involving a construction company had served as the general trades’ contractor for a renovation project for the client. The construction company caused multiple delays on the project, resulting in claims being asserted against the client by the other prime contractors and the construction company’s subcontractors on the project. The construction company was terminated by the client and multiple lawsuits were filed. Calfee advised the client in the resolution of all claims other than those asserted by the construction company. The construction company’s and the client's claims against one another were litigated up to the date of trial, but Calfee was able to achieve for the client an agreement to settle all the pending claims.
- Represented a facility design and energy services firm, in an arbitration matter against a medical marijuana grower and processor and certain affiliated entities. The client performed design work for several marijuana facilities in multiple states. The client also performed construction services for one of the projects, but the client's customer failed to pay agreed-upon amounts for the work. The project owners asserted delays on the projects and failures to perform by Calfee's client, which the owners asserted led to property damage at one of its buildings and crop losses. The owners sought tens of millions of dollars in damages. The matter was settled favorably to Calfee's clients and arbitration demands were dismissed.
- Representing a subcontractor to general contractors and construction managers to comment on contract language and proposed revisions and to pursue liens on projects where payment has not been made. Calfee’s advice has aided the client in prospectively avoiding potential liabilities on construction projects that could number in the millions of dollars.
- Representing an American manufacturing company in arbitration against a design and construction firm, as well as a related claim against an insurance company, under a construction performance bond that the insurance company issued as the design and construction firm surety. The design and construction firm was the general contractor for a large construction project at one of the client's production facilities . The client terminated the design and construction firm’s contract, made a claim under the insurance company's performance bond, and alleges that the design and construction firm breached the contract by failing to complete the work within the time required by the contract, defective work performed by the firm and its subcontractors, and other reasons. The design and construction firm filed an arbitration demand against Calfee's client alleging that the client company wrongfully terminated firm and that the firm is entitled to payment. Calfee's client filed a counterclaim in the arbitration. The design and construction firm also filed a lawsuit against Calfee's client in state court to foreclose a mechanic’s lien that the firm filed against the property where the project is located. Calfee attorneys were able to secure a stay of the litigation in state court pending the outcome of the arbitration.
- Represented a general contracting company client in an arbitration filed against a roofing company. Our client was the general contractor for a construction project for the repair and replacement of the roofing systems for two public high schools. The roofing company was our client’s subcontractor on the project and was responsible for completing its scope of work within 162 days. Our client terminated its subcontract with the roofing company and alleged that they breached the subcontract in multiple ways, including failing to adequately staff the project and complete the work in a timely manner, failing to perform the work in accordance with the standards of a top-tier firm in the construction industry, and failure to comply with safety laws and regulations. The roofing-company subcontractor counterclaimed asserting that it was owed unpaid sums under the subcontract. Calfee also represented the client’s surety, a Fortune 100 insurance company, in a related lawsuit. Prior to the client’s filing of the arbitration discussed above, the roofing company subcontractor sued the insurance company in U.S. District Court for an alleged breach of a payment bond the surety issued as surety for the school’s construction project. Calfee successfully moved the court to stay this payment bond litigation pending the resolution of the arbitration.
- Representing a manufacturer of building products in a matter involving a payment bond claim and related litigation with a construction industry insurance company. Calfee's client sold more than $1 million of construction products to its customer to install as part of a construction project for a U.S. government entity. The customer purchasing the construction products was a subcontractor to the project. After the subcontractor failed to pay for the products delivered to the project, Calfee's client made a claim under a payment bond, which was issued by the insurance company to guarantee payment by the subcontractor. After Calfee's client made the claim against the insurance company payment bond, the insurance company filed a lawsuit in United States District Court asserting claims against the subcontractor alleging that they fraudulently induced the insurance company to issue the payment bond. The insurance company also has filed a declaratory judgment claim against Calfee's client seeking a declaration from the court that it is not obligated to make payment to Calfee's client under the bond. Calfee represents our client in the lawsuit and has filed counterclaims against the insurance company for breach of contract and a declaratory judgment that the insurance company is obligated to make payment to our client under the bond.
- Assisted a publicly traded wholesaler with negotiating and drafting an agreement between the client’s subsidiary and a global service provider to resolve issues and disputes relating to a large design-build project for the $100+ million expansion of the client’s subsidiary’s production facility.
- Representing a leading electronics supplier in relation to payment disputes and other disputes with the design-builder for a project involving the design and construction of a warehouse.
- Represented owners, architects, engineers, project managers, and general contractors in the successful defense of a variety of claims in litigation and arbitrations involving major urban office, highway, sewer, and water treatment plant projects.
- Represented manufacturer/seller of concrete admixtures to recover purchase price from a nationwide supplier in an international arbitration involving multiyear sales of construction products.
- Represented subcontractors in multiple arbitrations, mechanic’s lien actions, and a foreclosure suit involving a large downtown Cleveland retail expansion.
- Represented international engineering and construction firm involved in litigation with a joint-venture partner, insurer, and project owner over the design and construction of a coke oven.
- Represented mortgagee-lenders and owners in the prosecution and defense of major foreclosure proceedings involving a wide variety of large commercial structures, including office buildings, hotels, and manufacturing facilities.
- Served as AAA, ICC, and ICDR arbitrator in domestic and international construction and infrastructure disputes.
- Represented multiple lenders in complex foreclosure of hotel property involving related bankruptcy and counterclaims alleging lender liability.
- Represented court-appointed receivers in the management of large suburban office properties in foreclosure.
- Represented subcontractor in mechanic’s lien foreclosure action and successful resolution of claims involving the construction of a skyscraper in downtown Chicago.
- Successfully represented a real estate management company in litigation against the United States involving the award of a General Services Administration (GSA) lease.
- Represented municipalities in defense of claims for delay and additional work in multi-million-dollar sewer and water improvement projects.
- Represented a school district in defense of claims by the non-performing contractor in an asbestos abatement project.
- Negotiated favorable resolution of damage claim arising from alleged defective design and construction of curtain wall on a 67-story office tower.
Services
Services
- Construction arbitration and litigation
- Real property ownership insurance and transfer litigation
- Complex commercial foreclosures and receiverships
- General Services Administration lease administration and litigation