Litigation

Sometimes conflict is unavoidable. Fox attorneys have extensive experience litigating construction disputes in state, federal and international courts. Whether the disagreement involves a bid protest, post-construction defects, contractor insolvency or another controversy, our attorneys are unwavering advocates, employing innovative legal approaches and extensive business insight that enables them to protect their clients’ interests.

As part of a national firm with more than 60 practice areas, we can call on attorneys in a wide range of related practices such as labor and employment, financial restructuring and bankruptcy, insurance, environmental, manufacturing and real estate.

Fox attorneys represent clients in a litigation involving:

  • contract disputes
  • differing site conditions
  • insurance coverage
  • bid protests
  • construction delays
  • lender liability
  • defective workmanship and design
  • performance bond liability
  • warranties
  • bankruptcy proceedings
  • lender liability
  • mechanic’s liens
  • Occupational Safety and Health Administration (OSHA) matters

Representative Matters

Bid Protests

  • Defending national construction company Cleveland Construction, Inc. against a bid protest lawsuit filed by a grading subcontractor against the client and the substitute grading contractor.
  • Prosecuted a GAO bid protest involving the agency’s source selection committee’s failure to follow the solicitation’s best value criteria on an Indefinite Duration/Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) for environmental remediation services, providing our client with the opportunity to compete for contracts in excess of $500 million.
  • Filed a bid protest with the GAO concerning a $350 million contract for land remediation. The agency issued voluntary corrective action shortly thereafter resolving the protest grounds to our client’s benefit.
  • Filed a bid protest with the GAO concerning a MATOC valued at approximately $190 million for various construction activities on military bases throughout the Kingdom of Saudi Arabia. Agency took voluntary corrective action in response to the protest, resolving the grounds for protest to our client’s benefit.
  • 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.
  • Won a bid protest for a security contract for 167 public schools in Washington, D.C., in a case argued before the Government of the District of Columbia Contract Board of Appeals. The Board ruled that the best and final offer evaluations were “clearly arbitrary and unreasonable.” The protest was sustained and the case remanded for de novo review.
  • Successfully defended the Hudson River Park Trust in a vigorously contested bid protest brought by a disappointed low bidder. The Trust is a public benefit corporation in partnership between the state of New York and New York City charged with the design, construction and operation of the five-mile Hudson River Park.

Commercial Claims Experience on Large, Complex Construction Projects

  • Claims preparation and potential litigation on behalf of a construction management company against the State Department in connection with construction of the U.S. Embassy in Oslo, Norway. Assisted client in appealing two denied claims in the amount of $224 million to the Court of Federal Claims.
  • Representation of a large, national joint venture against the operations and maintenance contractor and the U.S. Department of Energy in a high-visibility, multimillion-dollar lost labor productivity claim on the Oak Ridge National Laboratory in Tennessee.
  • Representation of a large, multi-national general contractor pursuing a $130 million extra cost and delay claim stemming from the construction of a one-of-a kind polyethylene manufacturing plant constructed in the United Arab Emirates.
  • Representation of the leading process improvement solutions provider in Southeast Asia in a Court of Federal Claims litigation against the USACE. The litigation involves the construction of a Consolidated Intelligence Center at Clay Kaserne, USAG, Wiesbaden, Germany.
  • Representing a multibillion-dollar Engineer-Procure-Construction (EPC) contractor based in Kansas City, in prosecuting over $10 million in claims before the GAO Contract Appeals Boards against the Architect of the Capitol through an energy contractor on the design and construction of the Capitol Power Plant Cogeneration Facility in Washington, D.C.
  • Represented a global construction company at the Armed Services Board of Contract Appeals (ASBCA) regarding claims against the United States Army Corps of Engineers (USACE) involving various issues such as defective specifications, differing site conditions, the imposition of sole source requirements, and liquidated damages. Reached favorable settlement.
  • Represented a global construction firm in connection with a wrongful default termination by the U.S. Army Corps of Engineers (USACE). The termination took place on a U.S. military installation in Bahrain.
  • Lead 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 seeks approximately $11 million from joint venture associated with changes, cumulative impacts, acceleration directives, delays and the achievement of an early completion bonus.
  • Representation of a contractor preparing 21 requests for equitable adjustments in connection with a complex $200 million construction project for the new U.S. Embassy in Bishkek, Kyrgyzstan. The claim value currently stands at $54.9 million.
  • Represented a builder/vendor in a $65 million claim involving construction and geotechnical design issues with 92 single-family homes in two subdivisions. Successfully negotiated repair-based settlements with all homeowners. Pursued recovery action against adjacent property owners and design professional.
  • 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 negotiated and settled multiparty litigation involving multimillion-dollar claims of negligence, defective workmanship and defective design of waterproofing system for student affairs building on Baruch College campus.
  • Won breach of contract claim for plaintiff Jet Blast Hydrodemolition in jury trial; judgment was affirmed on appeal by the New Jersey Superior Court, Appellate Division.
  • Obtained a $5.5 million verdict for Community College of Philadelphia after a two-and-a-half-week trial in a case involving claims of breach of contract and professional negligence on behalf of an architectural firm.
  • Secured summary judgment in favor of a general contractor against an office building association in multimillion-dollar construction defect dispute in Minnesota state district court.

Insurance Experience

  • Represented an apartment developer in multimillion-dollar builder’s risk claim involving a peril stemming from the construction of retaining walls and favorably resolved matter with the insurance carrier.
  • Represented a contractor in a garnishment action against two commercial general liability insurance carriers based upon the contractor’s status as an additional insured. Following extensive discovery and filing multiple summary judgment motions, was able to settle the matter favorably for the contractor.
  • Represented a property owner in eight-figure property damage claim triggered by soil movement on a foundation system of an 80,000-square-foot building and successfully resolved matter with the insurance carrier.
  • Represented a builder/vendor in negotiations with a general liability insurance carrier of a $30 million settlement of a construction defect lawsuit.