Construction Disputes

Construction projects involve multiple entities in a complex sequence of interdependent events and transactions. When disputes arise, the engagement of professionals with construction industry experience, as well as an understanding of the dispute resolution process, is critical. Hemming Morse brings both to the table.

We assist owners, contractors and sureties in disputes ranging from simple accounting issues to claims involving hundreds of millions of dollars. As a result, we are familiar with the pricing and presentation of complex issues, including disruption and delay claims, in various dispute forums.

Representative Matters

Assisting Counsel for Contractor in Transportation-Project Dispute

Hemming Morse assists contractor in recovering compensation owed from major transportation project, contributes to $40 million award.

Hemming Morse was retained by counsel for Guy F. Atkinson Construction Company in regard to a dispute related to the construction of a Metro Rail in Southern California. The claim arose primarily from undisclosed conditions encountered by the contractor during construction, and our team was engaged to prepare a request for additional compensation. The claims computations and determinations were successfully resolved through arbitration, and Atkinson Construction was awarded more than $40 million.

Assisting Counsel for Contractor in Power-Plant Dispute

Hemming Morse analyzes complex accounting issues stemming from power-plant construction and helps contractor recover $37.4 million in damages.

Hemming Morse assisted counsel for Modern Continental Construction Company, Inc. in a dispute with Alstom Power, Inc. arising from the construction of a power plant near Bakersfield, California. The jury ultimately awarded damages of $37.4 million to Modern, including claims for approved and unapproved change orders, delay costs, inefficiencies, extended home-office overhead, profit and interest.

Assisting Counsel for University Regents in Dispute with Contractors

Hemming Morse helps defend construction claims made against the University of California in connection with new hospital project.

Hemming Morse assisted counsel for the Regents of the University of California in defending claims for additional compensation by the general contractors and five of its major subcontractors, as well as in presenting affirmative claims related to the California False Claims Act. The disputes arose from design changes made during construction of a new hospital tower at U.C. Davis Medical Center. Claims were settled at mediation prior to trial.

Assisting Counsel for Park District in Dispute Regarding Construction Delays

Hemming Morse aids in resolving construction delay claims related to baseball stadium project and resulting in substantial settlement for owner.

Hemming Morse assisted counsel for Southeast Wisconsin Professional Baseball Park District, the agency responsible for the construction of the Miller Park baseball stadium. Our team developed and presented claims against Mitsubishi Heavy Industries of America relating to delays and disruptions experienced during the construction of Miller Park, including a serious industrial accident. The parties agreed to an out-of-court settlement with the district receiving a substantial amount.