Construction Defect

Due to ambiguous insurance policy provisions, construction defect litigation can be lengthy and expensive. To combat this trend, the Construction Defect team at Manning Kass has developed an efficient three-pronged approach to controlling litigation expenses. First, we make early tenders in order to secure defense contributions by multiple carriers. In addition to decreasing overall expenses, early carrier participation allows for greater flexibility in making nominal settlement offers near the start of the litigation process. Secondly, we carefully evaluate the use of experts on a case-by-case basis. While experts are helpful, they are certainly not necessary in every case. Finally, rather than acting as passive observers in protracted litigation, we actively and aggressively pursue early dismissals whenever and wherever possible. Our philosophy allows us to minimize defense costs without sacrificing positive results.

The members of our Construction Defect team have successfully developed this strategy in their years of representing general contractors, developers, subcontractors, design professionals, and material suppliers in a variety of cases involving both commercial and residential construction projects. In addition to defending “standard” construction defect cases, our attorneys have handled numerous multi-million dollar cases involving soil subsidence, slope failures, and mold infestation.

We are also experienced in litigating cases regarding delay claims, contract disputes, and construction accidents. Moreover, our attorneys have counseled construction companies regarding a variety of transactional matters, including real estate acquisitions and contract drafting. We believe that successful loss prevention begins with proper training in risk management methods. However, sometimes no amount of preparation can prevent a lawsuit. In those circumstances, we provide an aggressive defense to the claim.

Our Construction Defect team is led by John D. Marino, who has handled numerous multi-million dollar claims, and holds an AV Preeminent® rating from Martindale-Hubbell, the highest an attorney can receive for legal quality and ethics. Mr. Marino is also a member of the American Board of Trial Advocates (ABOTA), an invitation-only national organization of civil trial attorneys, which requires the completion of at least 20 civil jury trials to verdict as lead counsel.