Shorall McGoldrick is able to address not only Arizona construction litigation issues, but also to provide expertise with respect to insurance coverage matters related to construction and professions in the construction industry.
We represent developers, general contractors, subcontractors, design professionals and materials manufacturers, as well as companies that insure their interests. Phoenix construction companies and their insurers benefit from our detailed initial analysis and assessment of complicated construction claims in order to identify a client's potential exposure.
Results
Our construction litigation lawyers have particular knowledge of litigation involving construction defect claims relating to stucco, roofs, mold, sulfate attacks, grading and drainage, dezincification of plumbing materials, window failures, and concrete foundation installation.
Some of the law firm’s major accomplishments in construction defect litigation include the following successful representations, in which we achieved:
- a no-cost settlement for a window subcontractor accused of defective window installation at a Phoenix condominium project. The plaintiff originally demanded more than $500,000 to settle the claims. Through the strategic use of a Rule 68 Offer of Judgment and dispositive motion practice, we convinced the plaintiff to settle for no cost to avoid its potential liability for our client’s attorneys’ fees and expert fees and doubling its taxable costs.
- another no-cost settlement for a grading and paving subcontractor that was accused of defectively performing the mass grading at a Phoenix-area apartment complex. Through the use of dispositive motion practice aimed at disposing of the claims and obtaining reimbursement of our client’s defense costs, the firm convinced both the plaintiff and the cross-claiming general contractor to settle with our client for no cost.
- a de minimus settlement (less than $5,000) of claims exceeding $1 million against a stucco subcontractor accused of defectively installing stucco at a 40-building Phoenix condominium project. The firm’s dispositive motions regarding the applicability of the statute of repose to many of the buildings and the ripeness of the subcontractor’s duty to defend obligation, combined with the development of strong factual defenses by the firm’s stucco expert, likely influenced the general contractor to settle for a fraction of its initial settlement demand.
Other recent successful outcomes include:
- Defending a plumbing products manufacturer in a $10 million property damage claim involving alleged dezincification in connection with a high-rise condominium project.
- Defending roofing subcontractors in numerous lawsuits involving roofing-related claims exceeding $1 million.
- defending grading and drainage subcontractors in numerous lawsuits involving water drainage-related claims.
Peer Recognition
