Construction

Solving problems for our clients is what we do. We understand that no two situations are alike. We tailor the representation of our clients on a case by case basis, so that we can meet specific needs presented under each circumstance.

Maynard's Construction group has extensive experience in all types of construction-related matters. We represent numerous national, regional and local companies in a wide variety of cases. We have represented owners, general contractors, subcontractors, engineers, architects, and suppliers in numerous construction-related disputes. Our attorneys have experience in both defending and prosecuting construction related claims in all types of forums including mediation, arbitration, and litigation in state and federal courts. Our attorneys also have a great deal of experience in providing advice to clients involved in construction projects in the areas of contract negotiations, project delivery and bid preparation, and project close-out.

Our attorneys provide a wide range of services for construction clients that encompass all phases of construction and procurement. This includes advice concerning structuring, selecting, negotiating, and drafting contracts for owners, general contractors, subcontractors, architects, and other consultants. We are very familiar with the major industry trends and provide guidance to clients in an effort to implement a process and procedure aimed at managing risk, minimizing project claims and disputes, and facilitating project completion.

Should disputes arise, the attorneys in our practice group have extensive experience in litigating construction claims. Our goal is to resolve the issue for our clients in the best way to achieve their business goals. Whether that is through alternative dispute resolution services or going to court, the litigators in our practice group are seasoned and knowledgeable in these areas. We have handled all types of construction-related claims, involving defects, extra work, delay, disruption, acceleration, lien litigation, rejection of non-conforming work, and lost labor productivity.

Drawing on the vast resources here at Maynard, we also provide advice to our construction clients in the area of taxation, project finance issues, environmental matters, bankruptcy, intellectual property rights, international trade regulation, interaction with governmental agencies, incentive plans with governmental bodies as well as labor and employment issues.

Our practice group has attorneys located in our offices in Birmingham, Huntsville, and Mobile. This allows us to be able to provide our clients with the best, most efficient, and cost effective representation throughout the State of Alabama.

Below is a representative sampling of some of the construction-related litigation in which we have been involved:

• Eisenmann Corporation- in a number of construction-related disputes arising out of projects at both the Mercedes Benz plant in Vance, Alabama, and the Hyundai plant in Montgomery, Alabama. The firm has represented Eisenmann in its role as a general contractor as well as a subcontractor both defending and prosecuting claims in federal and state courts in Alabama, as well as in arbitrations and mediations
• The Westervelt Company, Inc.- in a construction dispute at its renewable energy facility when the general contractor walked off the job prior to completing the project. The firm handled claims in bankruptcy court, state court and advised the client in getting the project successfully completed by a new general contractor
• TRC Engineering Worldwide, LLC- Representing civil engineering firm regarding claims of defective steel infrastructure and exterior sheathing design
• M&W Drilling- Pending litigation over Unpaid Balance/Prompt Pay Act on Subcontract
• Atlantis Drywall and Framing- Pending litigation over Pending Bond Claim for Acceleration Costs, Supplementation of Work & Labor, and Unpaid Balance/Prompt Pay Act Claim regarding student housing unit at the University of Alabama
• Two Marks (Planet Fitness)- Pending litigation over Failure to Provide Contract Documents and pending unpaid balance liens asserted by subcontractors
• US Diagnostics- Representing owner regarding defective design claim against engineering firm regarding final flood elevation
• Kwang-Sung America- with respect to its expansion project in Dadeville, AL. Our firm was involved in the negotiations with general contractors, architects, and subcontractors. Our firm also advised the client on issues dealing with the Alabama Licensing Board for General Contractors
• Kiva-Lodge, LLC (condominium owners association)- prosecuted a claim against the general contractor with respect to disputes concerning the construction of a large condominium development in Baldwin County, Alabama
• JTM Development (owner)- in a AAA mediation defending claims made by the general contractor with respect to disputes concerning the construction of a commercial/residential development at Rosemary Beach, Florida
• Birmingham Airport Authority- in a citizen suit under the federal Clean Water Act based on storm-water runoff
• Health Care Realty Trust- in a lawsuit in which the adverse party claimed $61 million in compensatory damages arising out of the construction of healthcare facilities
• Birmingham Airport Authority- in the development of contract documents, claims prevention, and litigation involving payment disputes, insurance coverage, allegations of defective design or construction, and disputes with contractors
• McWane Cast Iron Pipe Company- (in its capacity as owner) in federal court litigation against its general contractor (McDowell-Wellman Engineering Co.) for cost overruns in the construction of an iron-ore pellitizing plant in Theodore, Alabama. The case involved extensive discovery for over a year and was settled prior to trial
• Pacific States Cast Iron Pipe Company- in a multi-million dollar dispute with its general contractor over cost overruns in the construction of a baghouse facility in Provo, Utah
• Eichleay Engineering- in defending claims regarding property damage alleged to have been caused by purportedly negligent design and construction of a manufacturing facility
• Law Engineering- concerning a multi-party construction dispute about the Festival Eighteen Shopping Center
• Georgia-Pacific (in its capacity as owner)- in a major dispute with its general contractor (Blount Construction) relating to costs associated with the construction of a pulp plant in Zachary, Louisiana. The matter was arbitrated for 10 days prior to settling
• Siemens Power Company (in its capacity as supplier) in litigation relating to a gas turbine for a power plant in Covington County, Alabama
• Dearborn Mid-West Conveyor Company- in litigation with a subcontractor relating to the fabrication of tubular galleries for a power plant in Oak Creek, Wisconsin
• Allied Signal Corporation (in its capacity as owner)- against Harbert-CoGen in connection with a construction dispute involving a co-generation facility in California. The case related to new fluid bed technology utilized in the facility. This matter was settled on the eve of trial
• Marriott Corporation- in federal court litigation relating to the construction of hotels in Rockville, Maryland, and Newport Beach, California. This case included claims of unpaid fees, excessive changes, delays, defective design, defective administration and deficient workmanship. It was settled after two weeks of trial
• Sonat (in its capacity as owner)- in several construction disputes relating to pipeline facilities constructed for Sonat. Represented Sonat in over 100 cases before the land commission, won judgment in U.S. District Court and defended those judgments before the Eleventh Circuit Court of Appeals
• George Boyhan- in a contract dispute in connection with the construction and expansion of several Parsons & Whittmore pulp and paper mills in Monroeville, Alabama. Mr. Boyhan supervised the construction of the entire facility in return for the payment of future royalties, the amount of which was determined by the timely and below-budget construction of the mills. This dispute was arbitrated for three weeks in New York prior to settlement
• N.U. Gouda (in its capacity as supplier)- in litigation involving refractory for a power plant in Mississippi. This case was resolved through settlement
• Gibbs & Hill Engineering (at that time, the largest engineering company in the world)- on a construction dispute with Harbert International relating to a new technology for pumping compressed air into salt brine caverns and releasing it during off-peak electrical grids. This dispute was arbitrated for several weeks prior to the matter being settled
• Parsons & Whittmore- in a construction dispute with its general contractor, Yergan Construction, relating to the construction of the Alabama River Pulp paper mill loacted in Monroeville, Alabama. This case was tried for several weeks before an arbitration panel and was eventually appealed to the Eleventh Circuit Court of Appeals
• James H. Wilson & Associates (in its capacity as developer of Alabama's premier shopping mall, the Riverchase Galleria)- in litigation asserting deficient architectural and engineering design claims against various engineering firms, including Hellmuth, Obata & Kassabaum. The case was resolved through settlement
• Sullivan Long & Haggerty- in a construction dispute in connection with a bankrupt sub-contractor and the interplay of the bonding company, St. Paul. Our firm collected $9 million from the bonding company on behalf of the general contractor
• GAF Corporation- in numerous matters related to construction disputes involving roofing materials on significant commercial jobs, including the Birmingham Airport as well as apartment complexes in Huntsville, Alabama
• Shelby Steel Fabricators, Inc.- in several cases both as the plaintiff and the defendant. As plaintiff, the steel fabricator was suing a general contractor for payments due under the contract. As defendant, the steel fabricator was being sued by the general contractor for sums due allegedly arising from various back charges
• Warwick Construction- as general contractor in lien litigation initiated by one of the subcontractors relating to a project at The Summit Mall in Birmingham, Alabama. The case was resolved during mediation