Construction Litigation
Construction Litigation refers to the legal disputes that arise in the construction industry. It involves conflicts, disagreements, or claims related to construction projects, encompassing issues such as contract disputes, defects in construction, delays, cost overruns, and breaches of warranty.
The Construction Litigation Team at Kelley Kronenberg provides comprehensive legal representation across all phases of construction projects and disputes. From pre-construction contract negotiations through litigation, arbitration, and trial, our construction lawyers deliver strategic counsel to owners, developers, general contractors, subcontractors, design professionals, material suppliers, sureties, and insurance carriers navigating the complexities of construction law.
Our construction litigation attorneys handle the full spectrum of construction-related matters, including construction defect claims, payment disputes, breach of contract actions, mechanic’s liens and bond claims, professional liability matters, and insurance coverage disputes. With construction law attorneys licensed across multiple jurisdictions, we represent clients in commercial construction, residential construction, industrial, and infrastructure projects of all sizes.
Core Practice Areas
Construction Defect Litigation
We represent all stakeholders in construction defect matters, from initial investigation through resolution. Our construction defect lawyers work closely with technical experts to analyze alleged defects, develop defense strategies, and pursue or defend claims involving structural issues, water intrusion, code violations, and design deficiencies. We handle single-family residential disputes, multi-unit condominium defect litigation, and large-scale commercial property construction defect claims.
Contract Disputes & Breach Claims
Construction projects often give rise to disputes over contract interpretation, scope of work, change orders, and performance obligations. Our team litigates and arbitrates breach of contract claims involving prime construction contracts and subcontracts, design agreements with architects and engineers, material supply agreements, and project management contracts. We regularly handle disputes over extra work, changed conditions, and scope interpretation, providing strategic counsel to resolve conflicts efficiently while protecting our clients’ contractual rights and project interests.
Mechanic’s Liens & Payment Disputes
We provide aggressive representation in mechanic’s lien enforcement and defense matters, including:
New York Condominium Litigation
Our attorneys represent condominium associations, sponsors, developers, and unit owners in complex condominium disputes. We have particular experience representing condominium sponsors through the offering plan process and defending post-closing warranty claims. Our team handles common element defect litigation and special assessment disputes, construction defect claims involving common areas and building systems, and disputes between sponsors and condominium boards. We also provide counsel on warranty enforcement and construction contract disputes affecting condominium properties.
New York Labor Law & Workplace Accidents
For projects in New York, we defend owners, contractors, and property managers in actions brought under New York Labor Law Sections 200, 240(3), 240(1), and 241(6), including scaffold law claims and other construction site injury matters. Our team handles cases involving falls, equipment accidents, and other workplace injuries arising from construction and renovation projects.
Insurance Coverage & Risk Transfer
Construction disputes often involve multiple layers of insurance coverage and complex indemnification provisions. We counsel clients on additional insured coverage disputes, duty to defend and indemnify obligations, and subrogation claims. Our team has extensive experience with builder’s risk and course of construction insurance, professional liability coverage, and the interplay between contractual risk transfer provisions and insurance policies. We analyze hold harmless agreements and advise clients on risk allocation strategies throughout the life of construction projects.
Strategic Approach
At Kelley Kronenberg, we understand that construction disputes can threaten project timelines, budgets, and business relationships. Our approach emphasizes:
New York Condominium Litigation
Our attorneys represent condominium associations, sponsors, developers, and unit owners in complex condominium disputes. We have particular experience representing condominium sponsors through the offering plan process and defending post-closing warranty claims. Our team handles common element defect litigation and special assessment disputes, construction defect claims involving common areas and building systems, and disputes between sponsors and condominium boards. We also provide counsel on warranty enforcement and construction contract disputes affecting condominium properties.
New York Labor Law & Workplace Accidents
For projects in New York, we defend owners, contractors, and property managers in actions brought under New York Labor Law Sections 200, 240(3), 240(1), and 241(6), including scaffold law claims and other construction site injury matters. Our team handles cases involving falls, equipment accidents, and other workplace injuries arising from construction and renovation projects.
Insurance Coverage & Risk Transfer
Construction disputes often involve multiple layers of insurance coverage and complex indemnification provisions. We counsel clients on additional insured coverage disputes, duty to defend and indemnify obligations, and subrogation claims. Our team has extensive experience with builder’s risk and course of construction insurance, professional liability coverage, and the interplay between contractual risk transfer provisions and insurance policies. We analyze hold harmless agreements and advise clients on risk allocation strategies throughout the life of construction projects.
Industries & Clients Served
Our construction litigation attorneys represent:
Multi-State Construction Litigation Practice
Kelley Kronenberg maintains strategically located offices across the country to serve our construction litigation clients wherever their projects are located. Our offices in New York City, Albany, Short Hills (New Jersey), Chicago, Dallas, and throughout Florida provide direct access to experienced construction attorneys who understand regional construction practices, local court systems, and state-specific construction laws.
From these strategic locations, we actively handle construction litigation matters throughout the following states:
Our attorneys are also admitted Pro Hac Vice in nearly every state in the United States, allowing us to represent clients on construction disputes nationwide.
This geographic reach ensures our clients receive consistent, reliable, and exemplary legal service regardless of project location. Whether you’re managing a single construction project or overseeing a national portfolio of developments, Kelley Kronenberg delivers the same high-quality representation and responsive service across all jurisdictions. Our multi-state presence means you work with attorneys who understand both local construction law nuances and the broader challenges of managing construction disputes across state lines.
Frequently Asked Questions About Construction Litigation
Construction litigation involves legal disputes from construction projects, including breach of contract, construction defects, payment disputes, and mechanic’s liens. Our construction litigation attorneys represent owners, contractors, subcontractors, architects, and suppliers in Florida, New York, New Jersey, and other jurisdictions through negotiation, mediation, arbitration, or trial.
A mechanic’s lien is a legal claim against property that secures payment for construction work, labor, or materials. Contractors, subcontractors, and suppliers can file a mechanic’s lien when unpaid. The lien attaches to the property title and can lead to foreclosure. Each state has specific filing deadlines—Florida, New York, and New Jersey each have different requirements. Contact our construction attorneys to protect your lien rights.
New York Labor Law Section 240(1), the Scaffold Law, imposes absolute liability on owners and general contractors for gravity-related construction worker injuries, including falls from heights and falling objects. This unique New York law provides significant worker protections, making proper safety protocols and insurance coverage critical for property owners and contractors.
Construction defect litigation typically involves structural issues, water intrusion, defective materials, faulty workmanship, code violations, design errors, foundation problems, HVAC failures, roofing defects, and plumbing or electrical issues. Property owners, condominium associations, or purchasers can bring claims against contractors, subcontractors, developers, and design professionals in Florida, New York, New Jersey, and other states.
In New York, mechanic’s lien deadlines vary by project type. For private projects, subcontractors and suppliers typically must file within eight months from their last work. Public projects have different notice requirements and timelines. Missing a deadline can result in losing lien rights entirely. Our New York construction attorneys can help you preserve your payment rights.
