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Construction and Surety Litigation

We have a long history of successful handling of construction and surety matters, such as:

Structural/Mechanical Design and Failure – When a lawsuit is filed regarding an alleged structural or mechanical design flaw in a construction project or other concern, the litigation involves very technical aspects of the law and detailed questioning of expert witnesses on engineering and other matters. Our attorneys have the knowledge and experience to present the best case possible.

Construction Delay – While construction delays can sometimes seem inevitable, they have a serious economic effect. Litigation in this area centers on whether or not the delay was excusable, and if not, what compensation should be awarded the injured party.

Indemnity Actions – When more than one defendant is liable for damages to a plaintiff, an indemnity action to obtain compensation or protection against damage or loss may arise between the defendants. Our attorneys have years of experience handling this type of litigation.

Mechanic Lien Enforcement – A mechanic lien or construction lien is a security interest in property that is held by an individual who has contributed labor and/or materials to the improvement of the property. If there is a dispute regarding payment or other terms of the contract, the individual holding the lien may enforce it through a foreclosure proceeding similar to a mortgage foreclosure.

Coal Reclamation Bonds – Coal mining operators are required to post a bond to the government to ensure that proper reclamation takes place after the mining is complete. The bonds are required by the Surface Mining Control and Reclamation Act of 1977. These can take the form of corporate surety bonds, collateral bonds, and self bonds, available to corporations who meet certain financial requirements. We have the knowledge and experience necessary to guide your company through this process.

Construction Payment and Performance Bonds – These are types of surety bonds issued by a bank or an insurance company as a guarantee of performance by a contractor. Should a contractor fail to perform satisfactorily, for instance according to the specifications laid out by a developer, the issuer of the bond agrees to make the developer whole, up to the amount of the bond. “Payment and performance bonds” also guarantee that the contractor will pay agreed-upon labor and materials costs.

Contact Conliffe, Sandmann & Sullivan today to find out more about our legal services.