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Litigation, Arbitration and Mediation

Our attorneys have extensive litigation experience in all phases of the construction industry. We have achieved favorable results for clients in a wide variety of state and federal courts.

In addition to our litigation savvy, our lawyers are leaders in the field of alternative dispute resolution. Our attorneys have served as arbitrators and mediators for decades in the construction industry. They are frequent authors, presenters and trainers at ADR programs. Based on that experience, Lathrop Gage advises clients in drafting ADR provisions at the contracting stage, if appropriate, and guiding them through the ADR process whether it involves mediation or arbitration (or some hybrid) to achieve our goal of resolving disputes at the point of low-cost disposition. 

Representative Experience:

  • Recovered more than $50 million on behalf of the owner-developer of a five-star hotel casino project in Las Vegas, Nevada. This case included a multimillion-dollar delay, disruption and defective work claims against an international general contractor, subcontractors and design professionals.
  • Represent “green” home builder in a breach of contract claim. Defendant claimed his home wasn't “green” enough. We sued for failure to pay and the plaintiff filed counterclaim. The matter is currently pending.
  • Received a very favorable settlement on a construction defect and breach of contract dispute involving certain components of a large manufacturing plant.
  • Obtained a $1.2 million award for an erection services company in appellate court. The award is a large cost savings for our client as their portion of the fault is alleged to be around $5,000.
  • Represented a city in connection with breach of warranty and defective work claims arising from the construction of a large multiple-activity municipal pool. Litigation involved alleged failure of contractor to install sealant for the pools in accordance with manufacturer’s instructions and contract specifications and claims on contractor’s performance bonds. The lawsuit also asserted claims against the project architect for negligent supervision. This matter was settled favorably for the client in mediation.
  • Successfully resolved a lawsuit regarding faulty fireproofing installed in 20 of our client’s facilities nationwide. Lawsuits were filed in 10 states against 15 parties, 200 depositions were taken, and more than two million documents were reviewed from project files. Lathrop Gage retained leading industry experts who performed innovative field tests on the fireproofing and dozens of mediations were conducted. The client recovered more than $22 million from the defendants and their insurance company.
  • Successfully defended a national engineering firm against claims for more than $40 million in alleged engineering errors in retrofitting a nuclear power plant to deal with power failures and deficiencies.
  • Completed the successful arbitration of a $200 million multi-party case involving construction claims at a complex industrial facility owned by a major multinational corporation. A secure web-based repository was used to house 4.3 million documents and coordinate client representatives, experts, and consultants located in a number of cities in different countries. Hundreds of thousands of emails, e-documents, and electronic drawings were produced electronically in native electronic format.
  • Successfully represented a Fortune 500 company in connection with claims for more than $200 million arising out of a construction dispute over its development of an industrial processing facility. Obtained successful appeal to the Missouri Supreme Court to compel arbitration. The case settled very favorably for our client after a two-week arbitration but before ruling.