The Law Offices of Kevin J. Dolley has the ability to litigate construction cases in state and federal court and in alternative dispute forums, such as arbitration and mediation. Because of the nature of the construction industry, clients often require prompt and immediate action be taken to protect their legal rights. Attorney Kevin J. Dolley has the litigation knowledge and experience necessary to successfully prosecute or defend a company or professional firm when a construction dispute arises.
Legal Guidance for Construction Law Litigation
Attorney Kevin J. Dolley will provide you with the legal guidance and legal plan of action necessary to successfully resolve construction disputes. Each case requires specific analysis and determination of the appropriate course for that particular case. Mr. Dolley will tailor a plan of action that maximizes recovery and minimizes legal liabilities while maintaining an eye on costs associated the litigation process. If your company has been served with notice of litigation, including service of a summons or formal demand letter, you are likely in need of immediate legal assistance and counsel.
As a smaller Firm, The Law Offices of Kevin J. Dolley is able to provide personal attention to each case and work to ensure the best outcome possible for every client. As a small firm, we also do not charge the excessively high fees commonly associated with larger firms and invite you to contact Attorney Kevin J. Dolley directly regarding our billing rates and to compare our rates with that of other firms.
Litigating Complex Construction Cases
The Law Offices of Kevin J. Dolley has the ability to properly evaluate and analyze the often complex documents and plans associated with a construction project dispute. Attorney Kevin J. Dolley has a proven ability to successfully present evidence at trial before judges, juries and arbitrators. An information-based approach to the evidence allows Mr. Dolley to succeed in complex construction litigation. A detailed and forensic-like analysis of the evidence is commonly needed in construction litigation and such understanding of the case can be the difference between success or failure at trial. Attorney Kevin J. Dolley's clients appreciate his custom-tailored approach he utilizes for each case.
Determining a Client's Best Interests
Many client do not want to become involved in the litigation process and Mr. Dolley will work to assess a client's goals and work to resolve disputes and avoid litigation to the greatest extent possible, thereby potentially saving money, avoiding potential loss of profits and maintaining relationships within the construction industry. When litigation is necessary, the Firm works to ensure the best outcome through aggressive litigation tactics from initiation of the case, through the discovery and depositions phase and in successfully winning the case at trial.
Complex construction projects mean that more problems are likely to develop before, during and after the construction is completed. There can be disputes as to the need for additional or extra work, the scope of particular work and the costs associated with changes to a project. Legal counsel is sometimes needed to address these issues and obtain the most favorable outcome possible in the best interests of the client.
Alternative Dispute Resolution
While litigation may be a client's best option, many construction cases are resolved through alternative dispute resolution, such as arbitration and mediation. Construction arbitrations are commonly held under the construction arbitration rules set out by the American Arbitration Association (AAA). Attorney Kevin J. Dolley has the ability to determine how to best present a case as part of a construction arbitration. Construction arbitrations are commonly held before a single arbitrator or a three arbitrator panel. The terms and agreements set out in the underlying construction contract most commonly determine the form of arbitration under which the case will be decided.
Construction Law Clients and Construction Project Claims
Our construction litigation practice has the necessary litigation experience and construction law knowledge for representation of architects, engineers, owners, developers, contractors, surveyors and subcontractors. The litigation process may require the filing of a mechanic's lien or construction lien to assert a client's legal right to monetary recovery.
Areas of the construction industry that the firm is able to provide legal guidance for include:
- Project Design
- Building Projects
- Bridges & Highways
- Nonconforming work
- Mechanic's liens
- Prompt Pay Act claims
- Hospital Construction
- Housing Construction
- Industrial developments
- Warehouse construction
- Shopping centers
- Water management facilities
- Condominium development
- Manufacturing Plants
- Convention Centers
- School construction
- Arenas and Stadiums
- ADA Compliance
- Labor and Employment Law
- Structural failure
- Design defects
- Insurance claims
- Site condition issues
- Liquidated damages and warranties
Proper Planning and Avoiding Future Disputes and Litigation
Beyond alternative dispute resolution procedures, The Law Offices of Kevin J. Dolley encourages the parties to a construction project to seek legal counsel in the drafting and negotiation of the contract. Each contract and project present unique challenges and the language of the contract and the agreements and understandings reached between the parties must be clearly set out and tailored to the particular parties and project. Attorney Kevin J. Dolley is available to review draft, review and aid in the negotiation of a construction contracts on behalf of clients.
Attorney Kevin J. Dolley is available to discuss construction litigation and the arbitration and mediation process. He can be reached by email at Kevin@dolleylaw.com, by phone at (314) 645-4100, or by filling out the contact form.