Construction

Overview

As every player in construction knows, the industry is vulnerable to economic change. During a downturn, capital project investment and real estate development slows. Developers, contractors and manufacturers are forced to deploy lean thinking, or hunt for other opportunities such as public projects or revitalization efforts. And when the economy starts to rebound, construction typically lags behind other industry upturns.

Construction leaders needing to avoid any further roadblocks from investors, regulators or potential litigants, look to align with Turner Padget’s Construction Industry Team. As diverse as the clients we serve, we represent the gamut of stakeholders in the industry – from building product manufacturers, to the contractors who build the Southeast’s houses, workplaces and hotels.

Providing clients with the leadership expected of a national law firm and the local knowledge of zoning, planning and inspection practices, our attorneys deliver smart counsel on legal and business strategies. We capitalize on our vast pool of resources from across the firm to fully support our clients at every turn.

We handle:

Class actions
Contract drafting and review
Employment issues
Environmental compliance permitting
Federal, state and local procurement
Fraud investigations
Insurance and coverage
Pre-construction planning
Product liability
Project management and financing
Regulatory actions
Mediation and arbitration proceedings
Construction defect litigation

Experience

Defended a client and its bonding company, in matters brought by a subcontractor and the South Carolina Department of Transportation (SCDOT), related to alleged delays in the demolition and replacement of a bridge.
Directed the closing of two loans totaling more than $30 million for a major wholesale distributor of building materials and construction products.
Served as national coordinating and trial counsel for a leading building product manufacturer in numerous class actions of national and regional scope involving a type of exterior wall cladding known as exterior insulation and finish systems (EIFS). Through more than a decade of litigation in numerous state and federal courts across the country, we guided our client and its insurers to a successful conclusion of the litigation with low impact on the continued growth and prosperity of the client’s business.
Served for more than 20 years as South Carolina defense counsel for a national building product manufacturer in class action litigation of nationwide scope in which colleges and universities and other governmental and institutional building owners sued for damages caused by the installation of asbestos-containing materials in their buildings. These cases, filed in South Carolina, were among the first product liability class action cases to be filed anywhere and set a precedent for future cases.
Counseled a federal credit union through a commercial loan for the construction of a $7.5 million classroom building project for a university foundation.
Represented a construction firm that was unable to collect from the owner for costs it incurred due to change orders and other problems beyond its control while installing HVAC equipment for renovation. The owner contended that our client, as a subcontractor, could not directly pursue the claim, so our team made a presentation to the South Carolina Procurement Review Panel, which resulted in a favorable ruling that led to the settlement the claim on the eve of trial, with the owner paying for most of the claims.
Received a defense verdict on indemnity and contribution claims brought against our client by a general contractor in a case that was brought to trial. The client had faced liability for up to $2.3 million related to the Daniel's Landing project.
Successfully represented a fire door manufacturer in a closely-watched lawsuit involving the deaths of nine City of Charleston firefighters at a Sofa Super Store. We were able to show that the alleged failure of the doors were not the result of design and manufacturing problems and did not contribute to the deaths.