Construction litigation IT'S ALL ABOUT THE RIGHT CHOICE

Construction Attorneys

Representing Plaintiffs and Defendants in Matters of Construction Law

Construction companies are often subject to lawsuits due to the nature of their work, which is governed by demanding contractual timelines and requirements. Understanding contractual law and retaining legal representation is thus extremely important when engaging in a project, no matter your role.

At Potts Law Firm, we are ready to aggressively protect your interests in construction disputes of all kinds. Our team has recovered over $1 billion for our clients, and our construction lawyers have the ability to assist you anywhere in the United States. We can help construction companies defend against spurious accusations as well as help developers hold firms accountable for shoddy workmanship, professional negligence, and other forms of misconduct. No matter the complexity of the situation, you can rest assured we will handle your case with the responsive attention you deserve.

If you are already involved in a construction dispute, schedule a free initial consultation by calling (888) 420-1299 or contacting us online. We offer same-day appointments and provide our services in English and Spanish.

Common Types of Construction Disputes

A construction lawsuit may arise if there is any deficiency or failure at a construction site. Most disputes hinge on whether work was completed on schedule (per the terms of a contract) and whether that work meets an accepted, professional standard.

Our construction attorneys can assist you with many types of conflicts, including:

  • Construction defect claims. A property owner may sue for damages if any component of a delivered project does not pass inspection or is otherwise found to be unsafe or below the standards established in a contract.
  • Differing site conditions. A construction company makes promises in a contract based on what they can expect to deliver given all of the known elements of the project. Should they encounter an unexpected obstacle at the site, they may attempt to renegotiate the contract to accommodate the complication. Sometimes, everyone involved will be amenable to these changes, while in other instances, a differing site condition can trigger a litigious dispute.
  • Lost productivity claims. Both construction companies and owners/developers may pursue a lost productivity claim if they believe another party’s actions led to a lower rate of work than expected or promised. If a construction company files a lost productivity claim, they typically
  • allege the delays were the result of the owner/developer’s conduct. Owners and developers may file this type of claim if they feel the delay was caused by the construction company’s incompetence or lack of ability. In some cases, lost productivity claims may arise due to factors beyond either party’s control.
  • Mechanics’ liens. A construction company can file a mechanics’ lien on a property and “perfect” it if they are not paid for their services and/or materials. When a construction company perfects a lien, they sue to foreclose. A construction company can voluntarily resolve a lien if they are satisfied with their compensation, or a property owner can take legal action if they believe the lien is not valid. Very specific laws (which vary by state) must be followed for a mechanics’ lien to be considered valid.

Have questions about your rights or options in a construction dispute? Contact us online or call (888) 420-1299 to discuss your case with our team.

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Hear From Our Past Client's
  • I had a wonderful experience with this law firm.

    “They were able to complete it in a timely manner and were great at keeping me up to date with communication throughout the entire process. I highly recommend using this law firm if the need arises.”

    - Stephen P.
  • I wouldn’t hesitate to recommend him or any of the team at Potts.

    “Michael Bins has been extremely helpful in helping us to navigate a situation with an insurance claim on a commercial property. He’s gone above and beyond in moving our case toward a positive resolution that we’re satisfied with.”

    - Theo C.
  • The Potts Law Firm is a powerhouse of brilliant attorneys.

    “They know the law from every angle, dig deep, and will not accept anything less than what was asked in the original suit. The Potts team never backed down until the case was settled in full.”

    - Molly H.
  • I highly recommend Adam and Potts Law Firm

    “From the first meeting, Adam made me feel like he had my best interest at heart and took care of everything.  I can't say enough good things about how helpful, professional, and caring Adam was to me.”

    - Mary H.
  • I would recommend Potts Law Firm for any and all legal matters that come my way in the future!

    “The Potts Law Firm answered all of my numerous questions in layman’s terms which is what I needed. I was able to lie back & heal from my injuries knowing full well that my obligations were being handled appropriately.”

    - W. Gary

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Explore our past successes
  • Transvaginal Mesh Settlements Over $1 Billion

    The Potts Law Firm and its joint venture partners have been successful in resolving over $1 billion in transvaginal mesh settlements. Derek H. Potts was one of a handful of plaintiffs’ lawyers from around the country who spearheaded the establishment of what would become the largest medical device MDL consolidations in history.

  • Kugel Mesh Hernia Patch $184 Million

    Derek H. Potts was a member of the Kugel Mesh MDL Plaintiffs Steering Committee which was instrumental in obtaining a $184,000,000 global settlement for several thousand persons who had received the Kugel Mesh hernia patch.

  • ERISA Class Action Settlement $36 Million

    T. “Micah” Dortch served as class counsel in the ERISA class action, Diebold, et al. v. Northern Trust Investments, N.A. et al., 09-Civ-1934 (Diebold), in the United States District Court for the Northern District of Illinois where the Court approved a collective settlement of $36 million dollars for class representatives resulting in millions of dollars returned to investors.

  • Paraplegic Minor $12 Million

    Derek H. Potts and Timothy L. Sifers obtained a $12,100,000 verdict against Lisa Gard, M.D. for medical malpractice involving a minor. The jury found the Salina emergency room doctor to be negligent in her assessment of the minor upon presentation in the emergency room, failing to timely diagnose a rare spinal condition. The case was one of the largest verdicts in history in the State of Kansas.

  • Fraud Against Lender $10.7 Million

    “Micah” Dortch and Chris D. Lindstrom represented a United States Bankruptcy Trustee. The case stemmed from the massive bankruptcy of Royce Homes, one of the largest homebuilders in the country.  Micah and Chris represented the bankruptcy Trustee against a multitude of defendants, including the chief Lender,  for claims related to the homebuilder’s downfall and the fraudulent transfer of assets from the rightful owners, the creditors.

  • Birth Injury $4.6 Million

    Derek H. Potts and Samuel Cullan were members of the plaintiff's trial team which obtained a $4,600,000 verdict for a minor delivered at Bethany Medical Center. Ariana Wilburn, the minor, suffered a spinal cord presentation after being born in the breech position.

  • Hypoxic-Ischemic Birth Injury $3.5 Million

    Partner Adam T. Funk secured a $3,500,000 settlement for a single mother whose infant suffered severe brain damage while being delivered in a New Mexico hospital. The mother, having no previous pregnancy or medical issues, began laboring and immediately went to a hospital. Despite the clear signs of fetal distress and hypoxia (lack of oxygen), the doctor and nurse did not order an emergency cesarean section.

  • Fraudulent Transfers $2.42 Million

    T. “Micah” Dortch and Christopher D. Lindstrom represented a Bankruptcy Trustee, resulting in a combined $2.42 million being recovered for creditors of ATP Oil & Gas Company. The claims related to fraudulent transfers of overriding royalty interests in oil & gas properties made by ATP in a failed attempt to liquidate the assets of the company.

  • Settlement for Missouri Minor Confidential Settlement

    Partner Timothy L. Sifers achieved a settlement on behalf of a child in Missouri who was a victim of medical malpractice.

  • Catastrophic Injuries $3.5 Million

    Derek H. Potts was co-lead counsel with Thomas Cartmell in representing John Novogradac of Kansas City whose health was neglected during his stay at two nursing home facilities. Mr. Novogradac developed bedsores on his body and had above-knee amputations on both legs after his wounds became severely infected with gangrenous and dead tissue.

Who Can Construction Law Cases Impact?

Construction law covers a wide range of potential legal issues, such as contract disputes, negligence, bonds, guarantees, sureties, liens, and other security interests. Additionally, this area of the law affects many related industries, including financial institutions, surveyors, architects, builders, engineers, construction workers, and planners. If you have any hand in a construction project, you should consider getting advice from a legal professional who is familiar with the implications of your work to help proactively avoid the possibility of conflict and litigation.

If a project has experienced any kind of problem during the construction process, the resulting disputes may quickly shift the property owner’s focus to the courtroom. When exploring or faced with a construction lawsuit, you will need skilled construction lawyers who are prepared to fight for you in and out of the courtroom. Our team at Potts Law Firm understands how to strategically approach this type of litigation and has helped thousands of clients get justice.

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