Construction Dispute Resolution

Zealous advocates. Tenacious litigators. Seasoned negotiators.

Since our founding in 1978, when problems became too tough to solve on their own, general contractors, construction managers and owners/developers have turned to Peckar & Abramson to advocate for them and guide them to resolution, and have done so thousands of times.

Most importantly, We Deliver Results – We Win!

Experience

As the largest Construction and Infrastructure Practice in the country, it’s hard to imagine a law firm with more experience and success in resolving disputes and winning at trial or arbitration.

We mediate, arbitrate, and litigate every kind of construction-related commercial dispute:

  • Cost overrun
  • Schedule
  • Inefficiency
  • Conceled conditions
  • Subsurface
  • Environmental issues
  • Delay
  • Acceleration
  • Impact
  • Scope disputes
  • Liens
  • Design and construction defects
  • Surety bond claims
  • General liability
  • Professional liability
  • Builder’s risk
  • Default insurance claims
  • Default
  • Termination
  • The list is exhaustive…

We are at the forefront of creative dispute resolution strategies and do not default to a one-size-fits-all approach. Where our clients can benefit, we design and implement the right Alternative Dispute Resolution (ADR) for the situation, or specifically tailor the approach to dispute resolution for the situation. Our experience regularly includes:

  • Arbitration
  • Mediation
  • Partnering techniques
  • Technical Mediations
  • Technical Arbitrations
  • Mini-arbitrations
  • Early Neutral Evaluations
  • AAA (American Arbitration Association)
  • JAMS proceedings
  • International forums, such as ICC, ICDR and UNCITRAL

Where nothing else will do, we litigate or arbitrate with dogged determination.

We marshal the evidence; thoroughly prepare the witnesses; manage the experts; and create compelling presentations (including graphics and animations) to ensure that judges, juries or arbitrators easily grasp the issues and our arguments.

We leave no stone unturned as we prepare and advocate on your behalf.

Many of our attorneys are regularly sought to serve as mediators and arbitrators for construction disputes. Our clients benefit from early and rare insight into how their case will be perceived by those deciding it, from the perspective of both advocates and those that serve as ultimate decision makers.

Dispute Avoidance – A Dispute Avoided can be the Ultimate Result

As business advisors, we know that great value comes from the risk averted. We bring the same dogged determination and creativity to avoiding disputes as we do to winning them.

Our clients have come to recognize the results and enormous value we can bring through early involvement.

Peckar & Abramson offers a Construction Project Support Program℠ that provides a value-focused, proactive collaboration with clients to identify, avoid and resolve project issues before they become crises that strain relationships and devolve into disputes.

Preventive risk management saves time and money, keeps people focused on building, and avoids the stress invariably resulting from reactive problem management. We recognize that in today’s business environment, our clients’ focus is on building revenue and project completion — not on dispute resolution and litigation.

By meeting with project teams periodically over the course of a project, we:

  • Identify early opportunities to make the small corrections that are most valuable
  • Ferret out festering problems, lingering issues too often ignored, and brewing disputes—and take action to strategize and implement timely solutions
  • Maintain compliance with contractual notice requirements to preserve rights of recovery
  • Reduce unnecessarily confrontational relationships
  • Recommend methods of resolving problems and breaking deadlocks
  • Help build invaluable, real-time, favorable project records which often avoid disputes and, if a dispute is inevitable, serve as compelling evidence by making your position clear, understandable, related in context, and well documented

We have tremendous litigators and also a proven team that is equally skilled in the art of mediation and arbitration. Some of our biggest successes, however, are when we resolve business disputes in a manner that preserves relationships and avoids significant costs for all parties.

STEPHEN M. SEEGER
Partner
Washington, DC
View PDF

Related Practice Areas

Insights

  • HOUSTON CO-MANAGING PARTNER MATT MOORE ELECTED A COUNCIL MEMBER OF THE CONSTRUCTION LAW SECTION OF THE STATE BAR OF TEXAS

    Peckar & Abramson, P.C. (P&A) is pleased to announce that Matt Moore, Co-Managing Partner of the Houston office, has been elected to a three-year term as a Council Member of the Construction Law Section of the State Bar of Texas, with over 2,500 members consisting of legal professionals from public and private sectors involved in […]

  • STEPHEN P. KATZ LEADS $81 MILLION CORPORATE PURCHASE BY JSW STEEL LTD. OF OHIO’S ACERO JUNCTION HOLDINGS INC.

    Peckar & Abramson, P.C. (P&A) is pleased to announce that Stephen P. Katz, Partner and Chair of the firm’s Corporate Law Practice Group, represented JSW Steel Ltd., one of the largest steel conglomerates in India, in JSW’s $81 million acquisition of 100% of the equity of Acero Junction Holdings Inc., the owner of the Acero […]

  • Legislation Update: S-865 Public-Private Partnerships in New Jersey Passed by Both Houses-Awaiting Governor’s Signature

    New Jersey is finally among the many states with broad authority to develop or improve public projects through a Public Private Partnership (P3) delivery method. This contracting model has stimulated growth and improvements in other States and led to the delivery of projects that may not otherwise have happened. Senate Bill 865 (“S-865”), after undergoing […]

  • Paul Monte Quoted As A Source in Law360 Article

    Paul Monte, Co-Managing Partner of the firm’s New York office, was quoted as an expert source in a story written by Law360 on June 25, 2018 entitled “New York Construction Industry Watching ‘Game-Changing’ Bill”. Described as one of the most significant pieces of legislation to affect the construction industry in decades, S06686 adds a new […]

  • Aaron Schlesinger Authors Article for ConsensusDocs June 2018 Newsletter

    Aaron C. Schlesinger, Partner in the firm’s New Jersey office, authored a bylined article entitled “Pre-hire Trade Collective Bargaining Agreement Under the NLRAe Agreement” which published in ConsensusDocs on June 25, 2018. Using his expertise in Labor Relations and Employment Law, Mr. Schlesinger gave examples and described Section 8(f) of the National Labor Relations Act […]

  • Neal I. Sklar Quoted As A Source in Law360 Article

    Neal I. Sklar, Partner in the firms Miami office, was quoted as an expert source in the Law360 story “Privately Backed Rail And Transit Projects To Watch” that published June 25, 2018. Mr. Sklar commented on how rail projects are frequently public-private partnerships (P3) where it makes financial sense from a private business perspective. Law360

  • Peckar & Abramson Shares June 2018 Construlegal Newsletter

    Peckar & Abramson is pleased to share the 2018 Construlegal Newsletter. Construlegal is a strategic alliance of law firms based in the Americas which share a common focus, values and market approach. Peckar & Abramson is a founding member of Construlegal.

  • Eight Attorneys In The Firm’s Miami Office Named 2018 Super Lawyers®

    Peckar & Abramson, P.C. (P&A) is pleased to announce that eight attorneys in the firm’s Miami office have been named 2018 Super Lawyers®. Each attorney is being honored for their ongoing leadership and achievements in the field of Construction Law. “Our well-respected Miami-based construction attorneys regularly represent prominent local, national and global contractors and builders” […]

  • Kevin J. O’Connor and Joseph Vento Co-Author Article in Law360 Construction Section

    Kevin O’Connor, Partner, and Joseph Vento, Associate, both based in the firms New Jersey office, co-authored an article in Law360’s Construction section entitled “NJ Construction Employers Must Prepare For Crackdown” which published on June 12, 2018. The analysis explains that New Jersey governor, Phil Murphy recently signed a recent executive order that is turning up […]

  • Lori Ann Lange and Levi Barrett Quoted as Expert Sources In Law360 Article

    Lori Ann Lange, Partner in the firm’s Washington, DC office, and Levi W. Barrett, Senior Associate in the firm’s New York office, were quoted as expert sources in a Law360 story that posted June 11, 2018 entitled “Tariffs Threaten Construction With Delays, Increased Costs”. The story discussed the uncertainty in the construction industry as contractors […]

  • Charles Fombrun Joins Peckar & Abramson’s Miami Office

    Peckar & Abramson, P.C. (P&A) is pleased to announce that litigation attorney, Charles E. Fombrun has joined the firm’s Miami office as an Associate. Mr. Fombrun represents clients in a variety of litigation matters including actions involving contractual disputes and commercial related litigation issues. Over the course of his legal career, Mr. Fombrun has served […]

  • Alex Baghdassarian and Nate Cohen Co-Author Article in the Daily Journal, Los Angeles

    Alex Baghdassarian, partner in the firm’s Los Angeles office and Nathan A. Cohen, senior counsel in the firm’s Los Angeles office, co-authored a bylined article entitled “As steel tariffs come into play, contractors should review contracts” which published in the Daily Journal in Los Angeles on May 31, 2018. The article describes the new tariffs […]

  • Miami Attorneys Author Article in the AGC Law In Brief Newsletter

    Neal I. Sklar, partner in the firm’s Miami office and Charles E. Fombrun, associate in the firm’s Miami office co-authored a bylined article entitled “Construction Injuries/Fatalities: Best Practices in Handling OSHA Inspections” which published in the May 2018 issue of the AGC Law in Brief. The article discusses the recent up-tick of accidents and fatalities […]

  • Peckar & Abramson Co-Hosts 15th Annual Groundbreaking Women In Construction Conference

    The 15th annual Groundbreaking Women in Construction (GWIC) Conference, presented by Engineering News-Record (ENR) in partnership with Peckar & Abramson (P&A), took place May 14-16, 2018 at the historic Palace Hotel in San Francisco. Attended by a sellout gathering of 700, the 2018 theme of the construction industry’s premier leadership and talent management conference was […]

  • 2018 Legislative Changes Affecting the Construction Industry

    The 2018 Florida Legislative Session recently concluded and a number of important construction-related House Bills (HB) and Senate Bills (SB) were presented during the Session. Florida Governor Rick Scott has 15 days to act on the legislation once each Bill has passed the House and Senate. Bills signed by the Governor go into effect on […]

  • NEW JERSEY BECOMES THE TENTH STATE TO PROVIDE WORKERS WITH PAID SICK LEAVE

    For the first time in state history, paid sick leave will soon be available to most New Jersey employees under a sweeping new law that Governor Phil Murphy signed on May 2, 2018. The New Jersey Earned Sick and Safe Days Act (A-1827) (the “Act”), which goes into effect on October 29, 2018, provides the […]

  • CURTIS W. MARTIN RIDES AGAIN – IN THE BP MS 150 BICYCLE RIDE FROM HOUSTON TO AUSTIN

    Curtis W. Martin, Co-Managing Partner of the firm’s Texas offices, participated for the 15th year in the BP Multiple Sclerosis (MS) 150. The annual 170-mile bicycle ride from Houston to Austin, Texas took place on April 28-29, 2018. Martin, who has raised more than $17,500 so far this year for MS, has ridden the event […]

  • New Jersey’s Governor Puts Construction Firms on Formal Notice of His Focus on Misclassification of Workers As Independent Contractors

    We have written quite a bit about the mounting threat to employers, both nationally and locally, of claims of misclassification of workers as independent contractors rather than employees. New Jersey’s new Gov. Phil Murphy signed an executive order last week that establishes a task force on employee misclassification to punish contractors who commit fraud by […]

  • Mark R. Berry and Freddy X. Munoz Author Article in the Daily Business Review on Drones in the Construction Industry

    Just in time for the firm’s Drones in Construction webinar on May 17, 2018, attorneys Mark R. Berry and Freddy X. Munoz co-authored an article entitled ‘Don’t Be Clueless, Careless or Criminal: How to Legally Operate a Construction Zone Drone’ which published May 14, 2018 in the Daily Business Review. The article summarized FAA regulations, […]

  • CHAMBERS & PARTNERS USA NAMES PECKAR & ABRAMSON, P.C. TO BAND 1 LEVEL NATIONWIDE IN CONSTRUCTION LAW

    Peckar & Abramson (P&A) is pleased to announce that the firm has once again been recognized by Chambers & Partners USA in the category of Construction Law at the coveted Band 1 level Nationwide – no other firm has the distinction of having been awarded that honor every year for 15 consecutive years since Chambers […]