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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it's all about your best possible resultExplore 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
Potts Law Firm 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
Potts Law Firm 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
Potts Law Firm 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.
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.
Pharmaceutical Birth Defect $1.05 Million
Partner Adam T. Funk secured a $1,050,000 settlement for a mother whose infant suffered birth defects from a pharmaceutical drug that was taken during pregnancy. Though the migraine drug manufacturer knew the medication could cause a fetus to develop a cleft lip and/or cleft palate when consumed by the mother during the early stages of pregnancy, they failed to warn consumers about these dangers.