Practice Areas

Construction Practice

MCWG has successfully represented a variety of clients in the construction and design industries, including ENR 400 contractors, other prime contractors, subcontractors, project managers and construction managers, as well as engineers, architects, and surveyors. We have handled large commercial disputes on heavy construction public works projects, the defense of various work-site injury claims, including toxic torts, class actions, and mass torts, as well as property damage claims.  We have worked closely with many national and international corporations in drafting contractual language to minimize exposure.

Our relevant engagements include:

  • Disputes on heavy construction projects ranging from NYSDOT road jobs to facilities for the MTA, DOS, Amtrak/Port Authority, as well as GSA building projects.  Our attorneys have handled construction disputes involving delay damages and other claims arising under prime and subcontracts, standstill agreements, liquidation agreements, and pass through arrangements, as well as unresolved extra work disputes, quantum meruit issues, and mechanic’s liens.
  • Defense counsel in disputes arising from major construction projects and accidents, such as structure or crane collapses or other catastrophes resulting in property damage or personal injury, and losses stemming from delay in completion of the project, including: obligations of the respective parties, general conditions and project terms, scheduling and sequencing, design defects, faulty workmanship, critical path, causation and quantum of delays, scope of recoverable damages, completion deadlines and time lines, as well as project management and responsibilities of general contractors, construction managers, owners, and subcontractors. Served as defense counsel for general contractor in several multi-million dollar construction delay and breach of contract suits brought by various subcontractors in the GSA Courthouse Construction Litigation, U.S. District Court, St. Louis, Missouri.
  • Property damage and personal injury claims arising from losses in adjacent properties and alleged design defects, negligent construction practices, and violations of various building codes, ANSI, and other industry standards. Defense and appellate counsel for general contractor in connection with $400 million property damage suit by Port Authority and Con Ed in 7 World Trade Center Property Damage Litigation, U.S. District Court, New York City, arising from collapse of the building.
  • A broad array of toxic tort, labor law, and other workplace significant injury claims for our construction industry clients, such as mass tort claims involving alleged injuries caused by various chemicals, including benzene, silica, chromium, PCBs, asbestos, lead, and mold. Counsel for lead prime contractors in thousands of toxic tort personal injury suits in the World Trade Center Disaster Site Litigation; also in toxic tort, alleged unsafe workplace litigation arising from the reconstruction of Madison Square Garden.
  • Active involvement for over a decade in defending clients, in both New York and New Jersey courts and as coordinating or national counsel in other jurisdictions, sued in connection with alleged exposure to asbestos-containing products. Our clients have included general contractors and manufacturers of products designed for use in industrial and residential settings.
  • Work with project managers, risk managers, and in-house counsel for national and international corporations in drafting contractual language to reduce large-scale litigation and effectively transfer risk and insulate against exposure that often arises long after a project is completed.
  • Resolution of defense and indemnity obligations between project parties.
  • Design-build project compliance and proceedings.
  • Bid protests and related TRO and injunction proceedings.
  • Environmental law, including issues involving federal statutes such as CERCLA and “Superfund,” and directives of the EPA and state and local agencies.
  • OSHA compliance and proceedings.