Construction Litigation

Our Construction Litigation team offers a multidimensional understanding of the related obstacles and challenges construction industry constituents face throughout Austin and across the state. We deliver first-hand knowledge of the many jurisdictions, courts, judges, and opposing counsel involved in such disputes, as well as veteran skills in knowing how to overcome difficult acrimony among even the most disparate parties to a dispute.

Our firm can and is prepared to go all the way through a trial if that is what is needed to defend your rights. In fact, we have navigated clients through numerous construction trials and appeals with great success. However, we recognize that litigation is not always the desired course of action to resolve construction-related conflicts. So, of the utmost importance to our firm is conserving client resources. In fact, smart solutions to dispute resolution and problem-solving is at the core of everything we do. That is why, on many occasions, we work diligently to resolve discord outside of court, through mediation and arbitration, and with less delay and expense than the traditional litigation process.

Our litigators know, from many years of frontline, practical experience, that construction matters cannot be solved with a one size fits all approach and that analyzing and mitigating risk is the same whether the claim is small or large. We believe that early detection of a problem is important and deliver the requisite know-how and foresight needed to assist clients in identifying possible threats, work with them to avert a potential dispute altogether, and, in the event the problem cannot be immediately corrected, structure legal defenses early-on that ultimately support our client’s key objectives.

A sampling of Bollier Ciccone’s Construction Litigation acumen includes the resolution of disputes of all sizes and complexity involving the full range of issues that can occur, such as:

• Bid protests, including withdrawal of the bid, responding to claims against a bid bond, and disputes pertaining to bid awards and protests
• Extra and change work orders, including claims for out of scope work involving owners, contractors, or design professionals, and covering such issues as contract abandonment, damage assessment, and documentation
• Defective work issues such as patent and latent defects from a contractual, building code, or standard of care perspective
• Delays, disruptions, and acceleration claims involving scheduling disputes, lost time, and resulting damages
• Mechanic’s liens, stop notice and bond claims pertaining to compliance, recording or obtaining the release of liens, and stopping, making, or defeating claims against lien release payment and performance bonds
• Professional liability involving design professionals and plan development, consistency between drawings and specifications, and constructability and change orders
• State and federal false claims between public entity owners and contractors
• Labor and prevailing wage law disputes and claims brought by governmental entities or private parties at the state and federal levels
• Mold claims involving economic, health, safety, and insurance questions