Matters

Fox’s Construction attorneys have experience handling matters including:

  • Obtained a $5.05 million jury verdict, including $900,000 in punitive damages, for the Belgravia Condominium Association against the building's developers and engineers for substantial structural issues and violations of disclosure provisions of the Pennsylvania Uniform Condominium Act
  • Represented developer in Pier at Caesar’s, a $200 million shopping center in Atlantic City, NJ.
  • Securing permits and approvals for Borgata Casino, Hotel, & Spa in Atlantic City, NJ.
  • Representing a public owner in the development of design-build and design-bid-build construction documents for long-term construction of a multimillion-dollar expansion of water treatment facilities.
  • Serving as an arbitrator and the chair of the panel in two arbitrations arising out of the construction, under EPC agreements, of two process plants in southeast states. The amount in dispute in both arbitrations is in excess of $30 million.
  • Served as a mediator in the resolution of a dispute between a Virginia municipality, a construction contractor and the design professional arising out of the expansion of a landfill. Successfully resolved the delay, defective specifications, changes claims and back charges and avoided a jury trial.
  • Served as a mediator in the resolution of a multimillion-dollar dispute between a general contractor and subcontractor in the construction of the Dulles Greenway in Leesburg, VA.
  • Represented a public utility in the drafting and negotiation of construction contracts for a multimillion-dollar liquefied natural gas (LNG) plant.
  • Represented a construction contractor in a $20 million dispute arising out of an EPC contract for a 199-megawatt combined cycle power plant in Colombia, South America. The dispute, which involved changed conditions, scope of work and retention disputes as well as the owner's counterclaims, was successfully resolved through AAA arbitration.
  • Served as a party-appointed arbitrator in an arbitration administered by the International Chamber of Commerce arising out of the construction of a 775-megawatt combined cycle electric generating plant in Massachusetts under an EPC contract. The dispute concerned delay, changes and acceleration claims in excess of $45 million.
  • Represented a building owner in the defense of claims brought by a general contractor and its subcontractors arising out of the extensive renovation of a church in New York City. The matter was resolved through AAA arbitration and related litigation after more than 20 days of hearings. Defeated the contractor's claims for approximately $10 million and was awarded $2.5 million on the owner's counterclaim.
  • Represented a general contractor and its subcontractors in the preparation, submission and negotiation of approximately $25 million in claims arising out of the construction of the Prince George's Plaza Metro Station and line section.
  • Successfully represented a general contractor in the termination of a subcontractor’s contract for default and obtained a multimillion-dollar payout from the defaulted subcontractor’s performance bond within 30 days of the termination.
  • Successfully represented a mechanical subcontractor and electrical subcontractor in obtaining a multimillion-dollar recovery for lost labor productivity from a construction manager at risk on a large convention center project.
  • Represented the County of Bucks, PA, against numerous claims and cross-claims in excess of $1.4 million arising out of the construction of Neshaminy Manor Nursing Home by energy, architectural and other firms. Settled for net payments by county of less than $280,000.
  • Obtained an unprecedented verdict on behalf of a client whose historic home was destroyed by faulty underpinning. Client was awarded $4 million in compensatory damages and an additional $1.75 million in punitive damages.
  • Represented a contractor involved in a $15 million masonry contract for the Delaware State Archives Building that included 12 massive brick chimneys that were designed as part of the large roof structure. The roof leaked after completion. We represented the contractor in successfully demonstrating the architectural drawings were incomplete and incorrectly prepared, as opposed to architect’s claims that the contractor did not properly follow the drawings and did not properly construct the chimneys.
  • Obtained a judgment in excess of $1 million for a client based on the defective installation of the HVAC system in a school building. The contractor was found to have installed the insulation on the HVAC system incorrectly, leading to corrosion of the pipes, condensation and ineffective temperature control.
  • Significant experience serving as lead counsel, special litigation counsel and/or construction counsel to major New Jersey and national builder/developers.
  • Served as consultant, lead counsel and special litigation counsel to several out-of-state builder/developers in the prosecution, defense and successful settlement of defective fire-retardant treated (FRT) plywood roof sheathing claims, both statewide and nationwide, and thereby protected client builder/developers from multimillion-dollar potential liabilities for a fraction of the exposures.
  • Represented a multispecialty ambulatory surgery center in Philadelphia, PA, in various construction contracts for the development and construction of an ambulatory center. We collaborated with a national health care management company on this project in order to achieve a successful result for the client.
  • Represented, prepared and negotiated various design and construction contracts for numerous different physician groups in connection with the construction of medical office buildings, ambulatory surgical centers, health care facilities and tenant fit-out projects.
  • Represent a construction company in several lawsuits seeking damages in excess of $24 million in connection with a fraud and kick-back scheme for a large wastewater treatment plant.
  • Won a $156 million bid protest on behalf of a construction company related to the construction of a new U.S. Embassy Annex in Moscow, Russia.
  • Represent a joint venture in connection with numerous potential differing site conditions claims, primarily related to unknown asbestos releases and stop work orders on a large renovation project in Newark, New Jersey.
  • Representing a construction company in an action to recover $9 million in damages for changes and differing site conditions encountered on a project to renovate a hangar at a naval base.
  • Represent multiple prime contractors in connection with construction claims valued at more than $60 million on U.S. government projects in Afghanistan.
  • Represent multiple prime contractors in Qatar in connection with construction projects and claims valued at more than $20 million.
  • Represent a prime contractor in connection with a $3.7 million construction claim against the U.S. Department of State for a project in Burkina Faso, Africa.
  • Represent a general contractor in connection with construction claims valued at more than $5 million in Loudon County, Virginia.
  • Represented a general contractor in arbitration with a subcontractor in connection with monetary damages caused by fraud allegations by the U.S. government against a subcontractor on a U.S. Army Corps of Engineers’ project.
  • Won a DC Contract Appeals Board trial for a general contractor against the DC Department of Transportation in connection with a bridge project in DC.
  • Won two bid protests at GAO for a construction contractor against the U.S. Army Corps of Engineers in connection with a lock and dam project in Pennsylvania. Our client received the contractor award, and the GAO awarded our attorneys’ fees.
  • Won an Armed Services Board of Contract Appeals trial for a prime contractor against NAVFAC in connection with a submarine pier project in Key West, Florida.