Alternative Dispute Resolution

We help clients resolve complex construction disputes creatively, efficiently and expeditiously, both during a project and after completion. While litigation is sometimes unavoidable, successful industry players are increasingly utilizing arbitration, mediation and other alternatives to settle their differences. Fox attorneys guide clients through proceedings in domestic and international alternative dispute resolution forums.

Our construction team is well versed in cost-effective approaches to dispute resolution including mediation, summary jury trials and intensive negotiations. Many have served as arbitrators and mediators themselves.

Our extensive network of contacts within the international community of arbitrators enables Fox to identify qualified neutrals best positioned to effectively mediate our clients’ disputes.

Representative Matters

  • 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.
  • Leading a team of attorneys representing Virginia-based bridge and infrastructure construction firm in connection with a dispute with a joint venture on a high-profile P3 project in Norfolk to improve and add capacity to the Elizabeth River Tunnels in Norfolk, Virginia. Clients seek approximately $11 million from joint venture associated with changes, cumulative impacts, acceleration directives, delays and the achievement of an early completion bonus.
  • 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.
  • Represented Public Service Electric & Gas Corporation with regard to claims arising out of the construction and closeout of a fossil fuel power plant in Trenton, New Jersey. Negotiated settlements regarding final acceptance of certain power plant operating systems and successfully avoided litigation regarding final completion and disputed and defective work claims.
  • Represented Danish construction company E. Phil in the construction of a 220-megawatt hydroelectric plant in Changuinola, Panama, and successfully defended and prosecuted claims in ICC arbitration against the owner-developer of the plant.
  • Represented a developer, declarant, general contractor and builder/vendor in a construction and design defect arbitration stemming from a 14-building townhome project. Claims involved grading, drainage, firewalls, building envelope and retaining walls. Following a two-week arbitration, obtained a favorable award that was less than one third of the demand.
  • Represented a developer, declarant, general contractor, and builder/vendor in a construction defect arbitration involving building envelope, structural, civil, fire-rated assemblies, and retaining walls claims at a project consisting of over 170 townhome and single-family units in 51 buildings. In the middle of a multi-week arbitration in which the owner demanded more than $27 million, the matter was successfully settled for fraction of the demand.
  • Represented a not-for-profit organization in a construction and design defect arbitration involving breach of contract and indemnification claims pertaining to building envelope and fire-rated assembly defects. Following a 10-day arbitration, was successful in obtaining an award of the owner’s claimed damages.