Complex construction projects combine the elements of art, science and business. Like the projects themselves, the legal issues involved can be complex and daunting. When other problem-solving techniques fail, construction litigation may the final option on the table, and it is important to have a successful team of seasoned construction litigators on your team. Like our clients, the construction attorneys at the Cobb Law Group apply their significant education, training and experience to address each challenging legal issue and situation efficiently and effectively.
Our approach to construction litigation is simple: As problem-solvers, we are strategic partners with our clients throughout the life of a project; thus, we can effectively analyze their exposure to risks prior to a project’s start, we can comply with the notice requirements and default terms of their contracts in the event of a problem during the construction process, and we stand by our clients when litigation ensues and evaluate and mitigate their damages.
Perhaps most importantly, we listen to our clients and strive to achieve their goals. Litigation is generally not a pleasurable experience; however, we understand that your goals may be different than a strict understanding of your “legal rights.” Our clients’ must balance their legal costs, project performance, and their own reputations with business purposes and the needs of the project owners or developers. Thus, our construction litigation attorneys use every tool at their disposal to achieve our clients’ specific goals.
We have extensive experience handling a vast array of complex construction disputes on behalf of builders, owners, developers, design professionals such as architects and engineers, subcontractors and material suppliers. From mediation to arbitration to trials and appeals in state and federal courts, our litigators handle delay and disruption claims, damages-for-delay claims, bond claims, mechanic’s lien litigation, lien foreclosure actions, Georegia’s Little Miller Act and Federal Miller Act litigation, liquidated damages claims, wrongful termination, product failure and liability suits and construction defect claims. In the public arena, we have handled bid protests and claims litigation for parties doing business with numerous state and local entities throughout Georgia, as well as the federal government.
Due to the complexities inherent in construction matters, a party does not want a general practicing attorney or an attorney who advertises on a billboard. Instead, a wise party wants a law firm which focuses only on construction law such as the Cobb Law Group. For over 25 years, our sole purpose has been to represent construction professionals in all aspects of construction law. Since our clients range from owners & developers to design professionals & prime contractors to subcontractors & material suppliers, we understand each tier’s perspective on a problem. Furthermore, because our practice is limited to construction-related issues, we know how to use the various statutes, contract terms, and case law to further our clients’ interest.
If our experience and focus on construction law is not enough, we also are active members of many professional organizations related to the construction industry including the American Bar Association’s Forum on Construction Law, the Associated General Contractors of America, the American Subcontractor’s Association, and the Construction Suppliers Association. For each of these organization (and many others), we regularly lecture on construction law topics including construction litigation topics.
Our clients run the gamut from national, Fortune 500 companies to smaller, local Georgia companies involved in the development and building of projects including owners, design professionals, contractors and subcontractors. We serve as local-counsel for many out-of-state companies as well as lead counsel for our own clients working in other states. In addition, we have a national network of construction lawyers which is beneficial in many situations. Often, for example, a project may occur in another state and involve a mechanics or materialmen’s lien claim in that state; however, the construction contact may specify that the jurisdiction and venue of disputes may be in Georgia. When this happens, our national network of construction attorneys allows us to focus on the Georgia matter while attorneys in the state where the project occurred to perfect the lien claim.
Often construction lawsuits are resolved in accordance with a contract term mandating arbitration or mediation; in other situations, we are able to persuade all of the parties involved in the litigation to submit their claims to arbitration or mediation in order to expedite the resolution and lower the overall costs. Every attorney at the Cobb Law Group has been involved in successful mediation and arbitration claims for our clients. Mark Cobb and James Eubanks are Georgia registered third-party neutrals so can assist our clients in adjudicating or resolving their complex construction litigation claims as mediators or arbitrator. This experience and credentials provide us with a greater understanding how a judge or a jury will perceive our client’s claims.
Construction litigation is so varied and complex, that it is difficult to enumerate all the areas in which we have experience. The following is a list of construction litigation claims which we handle on behalf of our clients:
- Bid Protests
- Breach of Construction Contracts
- Contract Default
- Contractor Liability
- Damages for Delays
- Defect Claims
- Design Flaws & Defects
- Disruption of Critical Path Claims
- Flow-Down Provisions
- Foreclosure of Mechanics & Materialmen’s Liens
- Hidden Defects
- Insurance Claims
- Licensing Issues
- Liquidated Damage Claims
- Little Miller Act Litigation
- Miller Act Litigation
- Payment Bond Litigation
- Performance Bond Litigation
- Performance Issues
- Product Failure
- Prompt Payment Act Claims
- Public Works Claims
- Sub-surface Issues
- Subcontractor Defects
- Surety Litigation
- Workers Comp (for employers)
- Wrongful Lien Claims
- Wrongful Termination
Our decades of experience combined with our understanding of our clients’ businesses set us apart from other law firms; our construction lawyers have a unique combination of problem-solving skills, litigation savvy, and understanding our clients’ business goals. If you need a Georgia Construction Litigation Lawyer to handle your claims, please contact us today!