Construction

Is Our Territory

Construction and Design2020-09-17T20:40:57+00:00
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TRUSTED GUIDANCE

Ball Janik LLP’s Construction and Design practice is dedicated to the representation of contractors and design professionals. These professionals include general contractors, subcontractors, suppliers, owners, public agencies, and developers in all phases of the construction process. Our team is equipped to represent our clients in construction disputes, litigation, arbitration and mediation, while regularly providing risk management advice and other counsel to owners and contractors seeking to prevent claims. 

Our representation has covered a wide range of projects, including office parks, commercial buildings, hotels, high rises, conversions, high-technology computer plants, and major league sports stadiums. We have won cases for owners and stakeholders in a wide array of construction projects, including hotels, schools and other public buildings, retirement facilities, retail stores, industrial buildings, office buildings, shopping centers, mixed-use facilities, affordable housing, and public works and infrastructure projects. Ball Janik proudly represents one of the largest electrical contracting firms in the nation along with major contractors and subcontractors.

Our team provides services in negotiating and documenting design and construction arrangements. This includes bids, contract negotiation and drafting, specifications, and joint venture arrangements. We regularly advise clients on significant delay and impact claims, including inefficiency and differing site conditions claims, extra work, payment issues, including lien, surety, and bond claims, bid protests and contract payment disputes, complex contractual disputes, design defects and products liability claims, insurance recovery, and other matters pertaining to the design and construction of multi-million dollar facilities. Our attorneys have been involved in numerous complex construction and design claims, several significant delay and impact claims, countless lien foreclosure and breach actions, and multiple construction defect suits.

The Ball Janik construction team flaunts some of the most renowned and recognized litigators throughout the Pacific Northwest and Florida. We remain well-known and steadfast for our ingenuity in settling matters as quickly as possible, with the best outcome for our clients in mind.

OUR SERVICES INCLUDE:

  • Negotiating public and private engineering, architectural, construction,
    and subcontract agreements
  • Cost overruns, construction disputes and construction lien claims
  • Construction defect, design, and product liability claims
  • Recovery of insurance claims arising from construction disputes
  • Public works and infrastructure projects
  • Payment, performance, and construction lien claims

DEPTH & EXPERIENCE

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Construction Contracts

Ball Janik has represented a wide variety of owners and developers, on all aspects of construction of major projects. Our attorneys have decades of experience in contract administration and compliance issues, and we help clients minimize and avoid disputes in both public and private projects. We draft and negotiate contracts, while navigating pertinent issues in the planning, financing, and development stages. We guide clients through complex land use, zoning, finance, and real estate issues, as well as assist clients on joint ventures, partnership agreements, and project delivery. We frequently assist public clients in procurement, including bidding solicitations, compliance, protests and qualifications.

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Construction Defect

Ball Janik has a national reputation and handles select cases across the country, and we are one of the largest and most experienced construction defect litigation practices in the Pacific Northwest. Ball Janik has recovered tens of millions of dollars for our clients both in settlement and in trial. We aggressively prosecute and defend all types of construction litigation such as bid protests, lien claims, impact/additional compensation claims, warranty claims, and construction defect disputes. We represent owners of single-family homes, community associations, low-income housing, apartments as well as other types of commercial buildings.

Our experience includes all manner of construction deficiencies, including building envelope, siding, roofs, windows, structural, design, balconies and decks, plumbing, electrical, and mechanical. We also defend developers and general contractors from design and construction defect claims, and work with these clients to develop and implement risk management practices.

Our attorneys are well known for successfully asserting claims for insurance recovery in construction disputes, including recovery of attorneys’ fees and losses. We handle cases across the country and have taken over cases at various stages of litigation. We take pride in driving cases to resolution. Our reputation is in providing successful yet cost effective litigation strategies, pursuing alternative dispute resolution where available, and taking a case to trial when necessary.

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Construction and Design

Our representation in the design and construction contracting field has covered a wide range of projects, including high-technology plants, office parks, hotels, high rises, residential subdivisions, conference centers, condominiums, education facilities, prisons, and sports stadiums. In addition, we represent major contractors and subcontractors, including one of the largest electrical contracting firms in the nation.

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Insurance Recovery and Collapse

Ball Janik represents policyholders in disputes with insurance companies over design and construction claims. We have been successful in obtaining insurance coverage for a wide range of construction and design liabilities and losses, and it is our goal to maximize coverage for policyholders. Our clients include developers, contractors, homeowners, and community associations.

Ball Janik advises clients on risk management strategies before claims arise. We also represent our clients in insurance coverage lawsuits, including the prosecution of first-party “collapse” claims under residential and multi-family insurance policies and bad faith claims brought against insurance companies who have failed to adequately defend their insurers.

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Payment, Performance, and Construction

 

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Product Liability

Ball Janik represents clients with claims against manufacturers, sellers and distributors of construction materials and components. Notable claims include those related to siding material, windows, and plumbing components. Our attorneys possess a thorough understanding of this expanding area of law and have many years of experience helping clients recover losses for their product-related claims.

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Public Works and Infrastructure Projects

Ball Janik represents clients in disputes concerning public works and infrastructure projects. By combining the unique disciplines of our construction, government contracts and litigation attorneys who have decades of combined experience in facilitating construction projects to managing construction disputes, Ball Janik offers unparalleled service to our public and private sector clients. When litigation is unavoidable, Ball Janik handles claims including change order disputes, construction delays and extra work claims, contract termination claims, claims against sureties, and payment disputes, among other types of claims. Our goal is to help our clients complete their projects without work disruptions or litigation. Our lawyers advise our clients extensively on risk management and avoidance, the resolution of disputes without litigation and ways to structure public works projects to minimize the risk of litigation.