Construction

"[The firm] is expert in working with clients from the construction sector..."

Chambers and Partners USA (2023)

Fishman Haygood’s team of construction lawyers has real experience running complex construction litigation and advising clients on a variety of legal issues faced by owners, contractors and others engaged in the development and construction of large construction products.

Our strength is that we are not only experienced trial lawyers but also are proficient with the technical and scientific analyses upon which complex construction litigation often turns. The firm’s practice covers all aspects of construction law, including:

  • Contract disputes
  • Bid protests and public bid law disputes
  • Procurement
  • Defective design
  • Defective materials and equipment
  • Environmental hazards
  • Insurance issues including builders risk, surety bonds, indemnity claims, and E&O claims
  • Payment claims, including delay damages and liquidated damages

Our clients include owners, developers, contractors, subcontractors, manufacturers, suppliers, equipment lessors, design professionals, and others.

Representative Experience

  • Represents the owner/developer in litigation over the October 2019 collapse of the Hard Rock Hotel project in New Orleans.
  • Represents a subcontractor in a claim against a governmental contractor for nonpayment of work arising from FEMA related rebuilding projects in the Virgin Islands.
  • Represented an international manufacturer of building products in multi-district litigation and in state court product liability cases throughout the Gulf South. Tried several bellwether cases and settled thousands of property damage claims. In Re Chinese Drywall MDL (MDL 09-MD-2047).
  • Represented a building products manufacturer in litigation involving roofing materials on a high-profile public arena.
  • Represented a publicly traded company in a lawsuit against an architecture firm for design flaws in its headquarters.
  • Represented a general contractor in products liability claims against the manufacturers of certain defective materials used in the construction of a luxury apartment building. The matter settled for 89% of the contractor’s claimed damages.
  • Defended a general contractor in an arbitration against allegations of a defective renovation of a high-rise hotel brought under the American Arbitration Association (AAA) Construction Rules.
  • Represented a construction contractor in litigation over the award of a design-build project for the New Orleans Sewerage & Water Board.
  • Represented the Louisiana Stadium Exposition District in connection with the award of a performance-based energy efficiency contract.
  • Regularly represents large construction contractor in litigation over amounts due to the company for work exceeding the scope set forth in plans and specifications.
  • Regularly represents construction contractor in mandamus proceedings to compel the award of public works contracts, timely issue notices to proceed, and timely pay invoices.
  • Represents the Orleans Parish School Board in numerous disputes against contractors related to construction defects in the renovation of several schools.