Construction Contract Disputes
Recognized as one of Virginia’s “Legal Elite” in Construction Law, Mr. Wilson has extensive experience representing owners, general contractors, sub-contractors, and materialmen/suppliers in numerous and varied construction disputes. He has represented clients in state and federal courts, in arbitration and mediation, and in multi-party negotiations resolving disagreements over workmanship, extra cost, delay, post-completion warranty claims, “Take-Over” agreements, and work-outs with banks, sureties, and insurance companies.
Mr. Wilson has litigated Miller Act suits, mechanic’s lien claims, and a multitude of construction contract claims arising under AIA and non-AIA contracts. His clients have been both owners and contractors, engaged in all types of disputes, including claims involving termination and threats of termination, withholding retainage and non-payment, defective workmanship, delay impacts and damages, extra cost claims based on changed conditions or change orders, and handling conflicts between design, the actual field conditions, and the contractor’s prerogative where appropriate to dictate means and methods.
The types of claims have arisen from most building components, such as roofing, gutters, flashing and windows, leaking and mold growth, PVC piping defects, electrical, plumbing and mechanical systems, suitability of soils, settling foundations, and commercial site work.
Representative cases include:
- representing the owner in terminating the general contractor on juvenile facility project involving water damage and mold proliferation;
- defending the sub-contractor on a municipal courthouse project for claims of inadequate water-proofing;
- defending the general contractor in claims brought by owner of public school involving allegations of delay and defective work;
- defending a regional jail owner against delay/extra-cost claims involving soil compaction issues;
- defending the owner against claims by an architect for non-payment and design disputes;
- representing a shipyard in disputes involving vessel painting and various drydock repair tasks;
- representing General Electric in claim brought by cruise ship owner for damage to vessel turbine;
- defending Siemens Westinghouse against contractor’s claim involving turbines at power generating facility;
- representing parties in bid disputes, including case where tie-bid remedy was a coin toss;
- defending commercial swimming pool contractor in defective work suit;
- representing contractors and sub-contractors in Government contract disputes, including disputes alleging delay and damage claims, default terminations, and defective workmanship charges;
- and prosecuting and defending numerous residential contractual disputes.
By understanding the construction industry and how projects are bid, awarded, contracted, and constructed through completion, by being familiar with construction contracts and how certain standard clauses are interpreted, by knowing the relationships between the participants and their expectations acquired through years of representing different players depending upon the case, and by having the ability to predict and avoid problem areas based on experience in handling a wide variety of construction projects progress, Mr. Wilson recognizes that a construction lawyer is hired to provide solutions, not years of protracted litigation that is costly and distracting. Let him show you the difference that comes with experience.
Part of Mr. Wilson’s construction law practice includes decades of experience representing owners defend against mechanic’s liens, including bonding off liens (both before and after the claimant files the suit to enforce); challenging defective liens using petitions under Virginia Code Section 43-17.1; and litigating lien claims.
Construction Site Damage, Injuries, and Fatalities
Mr. Wilson has also represented insurance companies who insure construction participants in multi-million dollar property damage and personal injury/death claims. Representative suits included:
- The VCU/Broad Street dormitory fire in Richmond;
- The Georgetown Library fire in D.C.; and
- The Hunters Brooke fire that burned approximately forty homes under construction in Indian Head, Maryland.
In addition, Mr. Wilson was asked to represent the contractor in on-site crane collapses causing death and extensive property damage.
Many contractors and suppliers facing a multi-million dollar claim retain their own counsel for independent advice from the lawyer that the insurance company provides. Mr. Wilson has experience analyzing coverage under construction insurance policies, and years of direct dealing with insurance adjusters who oversee what can be a bet-the-company situation for you. Retaining knowledgeable counsel is a prudent business practice when facing a claim that may exceed the amount of insurance available. Your initial consultation with Mr. Wilson is free.