Construction & Construction Defects

This practice area has the following sub practice areas:

  • Industrial Accidents
  • New York Labor Law
  • OSHA Violations

Kiernan Trebach’s construction law attorneys have decades of experience in construction industry disputes and claim resolution throughout the United States. Our attorneys understand how to navigate the intricate maze of construction claims and litigation, including comprehensive knowledge and experience addressing the relationships of the parties, the networks of contract documents, insurance coverage, applicable standards and regulations, potential damages involving delays, disruptions and defects, and the construction and contracting process. Our practice is focused on anticipating and strategically mitigating and managing risks, and on implementing robust loss prevention strategies across organizations to maximize our clients’ interests in complex landscapes.

Our client roster includes Fortune 100 companies, commercial owners, national contractors, and an array of industry professionals. Our clients rely on us for cases involving catastrophic losses and injuries, multi-party claims and complex public and private project disputes. We actively utilize ADR methods to resolve disputes, and our attorneys are also experienced as arbitrators and mediators - affording us valuable insight on the industry and claim disposition.

At our core, we are efficient problem solvers, dedicated to finding focused, mindful solutions tailored for each of our esteemed clients, including leaders in commercial real estate, development, building, general contracting, subcontracting, engineering, architecture, and design. We work closely with industry experts to provide comprehensive analysis and to develop solution-based strategies, including professionals with expertise in industrial hygiene, government regulation, safety, engineering, environmental and other industry-specific fields. We leverage those professionals and their experience to provide cost-effective and comprehensive solutions for our clients - allowing them to focus on their business while we focus on resolving their claims, litigated matters and other disputes.

Our construction law practice most often involves:

  • Americans with Disabilities (ADA) Compliance
  • Breach of Contract & other Duty-Based and Indemnity Claims and Interpretation
  • Catastrophic Losses & Injuries (Property and Personal Injury)
  • Construction, Design, Defect & Failure Claims and Litigation
  • Declaratory Judgments
  • Employment Law
  • Insurance Coverage Disputes

  • Mechanic’s Liens
  • New York Labor Law
  • Product Liability
  • Professional Liability
  • Third-Party Claims
  • Toxic Torts
  • Workers’ Compensation

Recent Case Examples:

  • Catastrophic Losses: Obtained dismissal of complaint and successfully defended appeal of dismissal related to catastrophic construction injuries. 
  • Insufficient Quality Materials: Successfully resolved claims on behalf of a general contractor in connection with property loss stemming from alleged use of insufficient quality materials during significant renovation of heating and cooling systems in commercial property.
  • Product Liability: Successfully resolved product liability claims against a plumbing distributor in connection with property loss during construction of seven-figure residential property. 
  • Site Damage, Breach of Contract & Indemnity: Defended a large subcontractor against claims for site damage, breach of contract and indemnity.  Case proceeded through arbitration and resulted in a defense verdict and dismissal of the claim. 
  • Warranty Coverage: Secured defense verdict in binding arbitration in a claim brought by a homeowner who alleged that purported construction-related defects should be covered under the homeowner's warranty policy. 
  • Withdrawal of Claims: Secured withdrawal of claims against municipal utility in connection with claimed water loss following new residential construction.

Our experience, dedication and multiple office locations allow us to provide our clients with effective and efficient services throughout the Northeast, Mid-Atlantic and Southeast regions of the United States. We understand the challenges facing our clients in the construction industry, and we strive to provide unmatched value and results-oriented strategies in each of the matters in which we are engaged.