Construction Litigation

Addressing traditional and emerging challenges, Butzel attorneys are experienced in providing forward-thinking legal counsel and comprehensive representation across all phases of construction litigation. We approach each matter proactively, to minimize costs and expedite outcomes for our clients. When litigation becomes necessary, we have the knowledge, skills, and tenacity, backed by decades of experience in litigating complex construction disputes, to effectively advise and represent each client. We understand the complexities involved in construction matters and work diligently to ensure the most advantageous resolutions for the benefit of each individual client.

As the construction industry continues to evolve, a range of emerging legal concerns is shaping the landscape of construction litigation. Cybersecurity and data protection have become critical, with firms facing increasing threats from cyberattacks and data breaches, requiring robust compliance strategies and contract provisions. Environmental and sustainability litigation is also on the rise, as construction-related businesses navigate new standards and regulations related to green building and sustainable construction practices. Supply chain disruptions and force majeure claims have gained prominence following recent geopolitical events, making it essential for contractors to address delays and material shortages in their contracts and dispute resolution processes. Labor and employment issues, including wage disputes, union negotiations, and worker misclassification, demand careful legal guidance to ensure compliance with changing employment laws and workplace safety standards.

Advanced technology and innovation are introducing new legal challenges, from Building Information Modeling (BIM) and robotics and drones to artificial intelligence, raising questions about intellectual property, liability, and integration. Public-private partnership (P3) disputes are becoming increasingly complex, as infrastructure investment grows and contractors face claims related to payment, compliance, and project delivery. Risk management remains vital, with counsel needed for coverage disputes, claims for property damage, defective work, and professional liability. Alternative dispute resolution (ADR) methods, including mediation and arbitration, are emphasized to achieve cost-effective and expedited litigation outcomes. Regulatory compliance and government investigations, such as False Claims Act matters and fraud inquiries, require experienced legal support to navigate the intricacies of government oversight.

Our construction litigation team delivers strategic legal counsel to clients across a diverse array of industries, including contractors, construction managers, equipment and material suppliers, hospitals, educational institutions, public and private owners, and entities involved in infrastructure projects nationwide. Leveraging decades of expertise in every phase of the construction process—from initial project planning, land acquisition, and permitting, to financing, contract negotiation, bid preparation, project administration, and dispute resolution—we proactively address emerging challenges such as cybersecurity risks, sustainability requirements, supply chain disruptions, and labor issues. By meticulously drafting, reviewing, and negotiating contract agreements, we help clients avoid conflicts and minimize misunderstandings, ensuring compliance with evolving regulations and industry standards. Our attorneys are committed to guiding clients through claims preparation, negotiation, mediation, and litigation, providing advanced solutions that support successful project delivery and protect their interests in an ever-changing construction landscape.

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Successfully resolved a significant construction defect dispute with the Michigan Department of Transportation (MDOT) without litigation

Succeeded in an administrative contested claim proceeding before the Michigan Department of Transportation (MDOT)

Represented roofing company to recover damages for breach of contract

Successfully represented prime contractor in warranty work dispute on an airport pavement rehabilitation project in Florida

Successfully represented subcontractor in prosecution of Miller Act Payment Bond claim in connection with United States Air Force (USAF) airfield reconstruction project in Kansas

Successfully represented prime contractors and subcontractors in resolution of federal and local False Claim Act investigations on multiple projects at major airports in Michigan and Tennessee

Successfully represented infrastructure contractors and subcontractors in connection with private works projects involving delay, interference, and extra/changed work disputes and prosecution of construction lien foreclosure claims throughout Michigan

Successfully represented prime and subcontractor in prosecution of multi-million-dollar delay claims on a Michigan Department of Transportation (MDOT) construction project

Successfully represented contractors and subcontractors in numerous delay, acceleration, differing site conditions (DSC), extra work, defective and warranty work, and contract interpretation disputes with Michigan Department of Transportation (MDOT) in the administrative claims review process

Successfully represented prime contractor and subcontractor in recovering $1.5M claim for extra work on a Michigan Department of Transportation (MDOT) bridge reconstruction contract