Construction & Real Estate Litigation Group
Archer & Greiner’s Construction and Real Estate Litigation Group is comprised of attorneys experienced in effectively handling disputes arising out of and related to construction projects and real estate transactions. With a network of offices throughout New Jersey, southeastern Pennsylvania and Delaware, we offer a wide range of legal services to clients engaged in all aspects of the construction industry, including:
- Claims Prevention and Avoidance
- Construction Defect Claims
- Architect and Engineer Professional Negligence Claims
- Payment Disputes and Lien Claims
- Insurance Coverage-Related Issues
- Changed or Unforeseen Conditions
- Product Defect Claims
- Delays, Acceleration and Loss of Productivity Claims
Our lawyers have experience in handling the legal issues relating to the design, development, financing, performance and management of construction projects. Our group includes attorneys who regularly represent national homebuilders, general contractors, prime contractors, subcontractors, public and private owners and developers, equipment suppliers, architects/engineers and other design professionals, and sureties. This broad range of experience enables us to handle issues and disputes arising before, during and after project completion.
As a full-service law firm, we have the ability to provide our clients with counsel on the full spectrum of issues that arise from the acquisition, sale and development of real property. Our lawyers have advised clients regarding a wide range of commercial projects including the construction of public schools and universities; airports and highways; industrial plants and wastewater treatment facilities; and public museums, stadiums, theatres and performing art centers. In that regard, our Group’s lawyers routinely interact with lawyers from the firm's other practice areas including commercial litigation, land use, real estate, insurance, finance, and environmental. The firm's full panoply of services allows us to efficiently provide sophisticated legal services that are integrated and focused on the client’s needs.
Range of Services
Claims Avoidance and Prevention
Our lawyers counsel clients during the construction process to ensure client awareness of issues, and potential pitfalls and to address issues as they arise in order to avoid events that will lead to claims being filed. We welcome the opportunity to present in-house seminars to our clients to provide their project managers, superintendents, design professionals and others with the current trends, hot topics and pitfalls that they may encounter in the construction industry today.
Construction Defect Claims
Construction projects, whether public or private, large or small, often result in disputes that are resolved through mediation, litigation or arbitration. Our attorneys have extensive experience in litigating all of the issues that traditionally arise, whether they involve payment disputes, lien claims, insurance coverage, allegations of defective design or construction, professional negligence, changed or unforeseen conditions, product defects, delays, disruptions, loss of productivity or similar claims. We possess similar experience in litigation involving condominium associations and the “transition” of ownership from the developer to the unit owners.
We strive, whenever possible, to achieve an early and fair resolution of construction disputes without the expense and disruption of litigation. Our attorneys utilize alternative dispute resolution, including mediation and arbitration, as well as creative strategies to resolve disputes promptly and amicably if possible.
When early resolution is not possible, our attorneys have extensive experience in litigating complex construction claims in trial and appellate courts at both the state and federal levels, and before administrative tribunals. We also represent clients in arbitration matters before private panels such as the American Arbitration Association.
Architects, Engineers and Other Design Professionals
Our attorneys represent architects, engineers and other design professionals during the pre-design, design, construction and post-construction phases. Our attorneys have defended and prosecuted claims by and against design professionals. We work directly with self-insured firms, third-party administrators, and as carrier-appointed counsel in these complex, often multi-party actions.
Payment Disputes and Lien Claims
Our attorneys have substantial experience in filing, prosecuting and defending against Construction and Mechanic’s Lien claims. With knowledge of the law’s intricacies in this substantive area, we work with our clients to achieve efficient and effective results.
Surety Default/Termination Claims
All public construction projects and many private construction projects require surety bid, performance and payment bonds. Through our representation of sureties, public owners and bonded contractors, we have handled the complex issues and claims that arise as a result of bidding disputes, defaulting contractors and/or subcontractors, and failed construction projects that can result in the default or termination of a bonded contractor.
Property Damage Claims
Property damage to projects during construction and after completion often gives rise to complex claims against project participants and their insurance carriers. We have litigated numerous property damage cases, and our experience in handling actions involving insurance companies enables us to assist our clients in exploring all potential avenues of relief to ensure the best result possible.
Insurance Coverage-Related Issues
Nearly every construction litigation matter involves insurance issues in some form. Through years of experience in handling these matters, our attorneys have developed an in-depth understanding of the intricacies of insurance coverage issues related to construction litigation. This ever-changing area of the law can dramatically affect the course of a construction dispute. Our attorneys are prepared to assist our clients in navigating through this complex area of the law.
Notable Reported Decisions
- Di Maria Construction v. Commerce Bank, 300 N.J. Super. 9 (App. Div.), certif. denied, 151 N.J. 73 (1997), cert. denied, 522 U.S. 1116 (1998) (interpreting what is an arbitral issue in construction arbitration dispute and the proper standard of judicial review to apply to an arbitrator's decision).
- DiMaria v. Hill, et al., 351 N.J. Super. 558 (App. Div. 2001), aff’d, 172 N.J. 182 (2002) (involving issues of tortious interference with contract in construction-related dispute).
- Diocese of Metuchen v. Prisco and Edwards, AIA, 374 N.J. Super. 409 (App. Div. 2005) (involving application of Affidavit of Merit Statute to claims against licensed professionals for indemnification and contribution).
- Dodds, et al. v. Pulte Home Corporation, 909 A.2d 348 (Pa. Super. 2006) (involving the enforceability and scope of a mandatory arbitration clause in residential building contract).
- Duall Building Restoration v. 1143 East Jersey Avenue Associates, Inc., 279 N.J. Super. 346 (App. Div. 1995) (lack of privity did not bar action by contractor against manufacturer of building products, and evidence supported claim by contractor that the manufacturer breached its implied warranty of fitness for a particular purpose).
- In The Matter of Wu and Associates, Inc., 2007 WL 437227 (Department of Labor Board of Contract Appeals - January 2007) (Department of Labor liable for delay damages, extended overhead and cost overruns attributable to failure to disclosure environmental problems at construction site).
- Menk Corp. v. Township Committee of Barnegat, 389 N.J. Super. 263 (Law. Div. 2006) (case of first impression involving Township’s duties under the Mount Laurel doctrine with respect to affordable housing).
Sampling of Relevant Articles and Publications
- The Affidavit of Merit Statute and the Entire Controversy Doctrine are Perfect Together in Highland Lakes (Reprinted in the Construction Law Section Newsletter of the New Jersey State Bar Association). By William L. Ryan, Esq.
- The Absolute Pollution Exclusion: Limited to Traditional Environmental Catastrophic Events (Reprinted with permission from the March 1, 2010, New Jersey Law Journal. Copyright 2010 ALM Media Properties, LLC). By: Ellis I. Medoway, Esq., and Trevor J. Cooney, Esq.
- Real Estate Title Insurance & Construction Law: Litigating Construction Delay Claims Caused by Federal Non-Disclosure. (Reprinted with permission from the June 22, 2009, New Jersey Law Journal. Copyright 2009 ALM Properties, Inc.). By: Sean T. O'Meara
- Recent Developments in Insurance Coverage Litigation
ABA Tort Trial and Insurance Practice Section Journal, Vol. 44, No. 2, pp.551-589 (Winter 2009) by: Ellis I. Medoway and Benjamin D. Morgan, et al. - State Courts Trend: Coverage For Faulty Workmanship
ABA Construction Journal, Vol. 17, No.3, pp.1, 17-22 (Spring 2008)
by: Ellis I. Medoway, William L. Ryan and Benjamin D. Morgan - The Affidavit/Certificate of Merit Requirement: Avoiding Potential Pitfalls
ABA Construct Journal, Vol. 14, No. 4, pp. 1, 13-16 (Summer 2005)
by: Ellis I. Medoway and William L. Ryan - Absolute Pollution Exclusion as Applied in Construction Disputes
Seminar Material: Insurance Issues, pp. 1-19
Presented at Annual Mid-Year Meeting of The Insurance Coverage Litigation Committee, ABA Litigation Section (March 1997), Tucson, AZ
Reprinted in ABA Coverage Journal, Vol. 7, No. 3, pp. 3-15 (May/June 1997)
by: Ellis I. Medoway - Insurance Coverage For Mold Claims
Seminar Material: pp. 105-131. Presented at Seminar on Mold Related Litigation Issues, Sponsored by National Business Institute (April 2004), Cherry Hill, NJ by: Ellis I. Medoway
For more information, contact Stephen M. Fogler, Esquire or William L. Ryan, Esquire at (856) 795-2121 or J. Bradford McIlvain, Esquire at (215) 963-3300.
Construction & Real Estate Litigation Group Attorney(s)