Construction

Hawkins Parnell Thackston & Young LLP represents clients in all areas of the construction industry, providing sound advice throughout the construction process.

The Construction Practice Group has extensive experience representing clients in all areas of the construction industry including public and private owners, developers, general contractors, subcontractors, construction managers, design professionals, suppliers and sureties. 

Our lawyers provide sound advice to clients in all phases of the construction process through project delivery, including contract formation and administration, contract performance, project monitoring and close-out.

Lawyers in the Construction Practice Group understand deal structure and other construction issues including public and private partnerships, joint ventures and entity structures, women and minority participation requirements and related issues.  With experience working directly for owners, developers and contractors, our lawyers have the knowledge, skills and business acumen to deliver industry-specific legal services to construction clients.

Additionally, our lawyers are skilled in early and alternative dispute resolution to efficiently resolve construction and design disputes.  When disputes cannot be resolved, our lawyers vigorously defend the client’s interests in arbitration or litigation.  Lawyers in the Construction Practice Group have significant experience in bringing complex, multi-party and high exposure construction matters to a favorable conclusion.

Lawyers in the Construction Practice Group have successfully represented clients in numerous projects including:

Our lawyers have handled a wide range of construction-related issues including:

 

REPRESENTATIVE EXPERIENCE

Favorable resolution of parking deck collapse claims against structural engineer:

HPTY defended a structural engineer in a large, commercial parking deck collapse case.  The cost to repair the deck exceeded $7 million.  The Plaintiff, the General Contractor, alleged professional engineering malpractice (negligent design), indemnification and breach of contract against our client.  Five separate engineering companies investigated the collapse.  The collapse was widely reported in the media in Atlanta and the case was the largest alleged negligent design case in the Northern District of Georgia at the time.  We investigated the undisturbed site 2-weeks after the incident.  We deposed all of the engineers who investigated the incident and other witnesses.  We settled with the General Contractor for a fraction of its claim.  HPTY also represented the structural engineer in multiple other cases arising from the incident and favorably resolved all cases.

Representing the civil engineer in military base design-build road project:

HPTY represents the civil engineer in a case involving the design of roads for tank carrying vehicles at a military base.  The project was a design-build project for the U.S. Army Corps of Engineers at Fort Benning, Georgia.  The Plaintiff alleged negligent misrepresentation against the civil engineer as a result of alleged negligent design of the military roads.  This case involves complicated, heavy-duty military engineering principles.  It was the largest alleged negligent design case in the Middle District of Georgia when filed.  This case is pending in the Eleventh Circuit Court of Appeals.

Successfully defended geotechnical engineer in a $9 million unsuitable soils claim:

Successfully defended a geotechnical engineer against a developer who alleged $9 million in damages from unsuitable soils at the foundations of 5 buildings in a multi-family housing facility. The total cost of the apartment complex was $50 million. The Plaintiff alleged professional engineering malpractice and breach of contract against the geotechnical engineer.  After conducting substantial engineering discovery, we settled the case for a fraction of the claim. 

Won defense verdict in a legal malpractice trial with a negligent engineering design claim as the underlying action:

Successfully defended a law firm in a professional malpractice case in which the underlying claim was for professional design malpractice against a civil engineer.  The Plaintiff alleged that the commercial HVAC system for a luxury condominium was negligently designed and the condominium association’s attorney should have timely sued the civil engineer who designed the commercial HVAC system.  In order to defend the case, we had to defend the civil engineer’s work.  At trial, the Plaintiff demanded $6 million.  HPTY won a defense verdict. 

Won summary judgment for program manager in negligence claim brought by insurer:

Represented a program manager in a multi-million negligence and breach of contract school construction case brought by a contractor’s insurer. HPTY won summary judgment on most claims and the court granted HPTY’s motion to exclude the Plaintiff’s expert witnesses.

Successfully represented developer in high-rise condominium water intrusion class action:

Represented a developer in a $10 million construction class action by condominium homeowners in arbitration and litigation.  HPTY won summary judgment on class claims in the arbitration, which led to a favorable resolution of the individual claims in litigation.

Successfully defended design-builder in unsuitable soils claim:

Successfully represented the general contractor (design-builder) in construction defect case pertaining to 15 segmented block retaining walls on a municipal government facility in Atlanta, Georgia.  The largest wall was 40 feet high and 400 feet long and designed to retain the soil of the school’s baseball field.  The wall blew out during construction and had to be replaced.  The municipal government claimed the retaining wall systems were not properly designed or built and were in danger of failure.  It sought $6 million dollars in damages.  Eight law firms were involved to represent the various parties, including our client’s subcontractors.  After two years of complex litigation and cross-claims against, among others, the municipal government’s program manager and geotechnical engineer, we were able to resolve the claim favorably.

Won summary judgment in a wrongful death case alleging defective design and construction:

Won affirmance in Arizona Court of Appeals and Supreme Court for a design engineering firm, holding that the New Mexico Statute of Repose barred plaintiff’s claims because the “place of injury” for choice of law purposes was where the alleged exposure occurred not the state where the plaintiff was diagnosed years later.

Won summary judgment for multi-family housing owner in a mold class action by tenants:

Won summary judgment for the owner of a multi-family housing facility against an attempted class action by tenants for mold damages and injuries.  Plaintiffs demanded $7.5 million before HPTY won a denial of class status and summary judgment.

Successfully represented window manufacturer in condominium water intrusion case:

Represented a window manufacturer in a $5 million water intrusion claim by a condominium homeowners’ association.  HPTY settled the claims against the window manufacturer for less than $7,500.

Favorably resolved claims against general contractor by condominium homeowners:

Defended a General Contractor in a multi-million dollar lawsuit by condominium owners alleging various construction issues.  HPTY established that many claims were unsustainable and obtained a favorable resolution.

Prevailed against “habitability” class action by tenants against multi-family housing property manager: 

Represented a national multi-family housing property manager in an attempted “habitability” class action lawsuit brought by tenants in federal court.  The tenants moved the court to certify a class in the case.  HPTY successfully obtained an Order from the court denying class status.

Won summary judgment in a wrongful death case against a design, engineering, and construction company: 

Represented a prominent design, engineering, and construction company in the USDC for the Northern District of Illinois in a wrongful death case. HPTY was granted summary judgment based on sophisticated construction law and contract interpretation theories.

Articles and publications

Events

News

Previous Page

Practice Contact

Attorneys