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We regularly defend clients in construction law matters, from highly complex class or representative actions involving millions of dollars and many plaintiffs, defendants, or installations; to multiple individually smaller matters with recurrent issues; and in narrower matters with far less money in controversy. Each of these types of matters requires a different approach and set of skills. We find that, through our recurrent work as construction law lawyers, we have been introduced to many experts in multiple disciplines, which can be a critical component to a successful defense.

Our construction law-related work for clients has included the following:

  • Currently defending construction law putative class action filed on behalf of hundreds of homeowners in Southern California
  • National counsel for subsidiary of one of the world’s largest petrochemical companies in multiple putative class actions, and other litigation filed in various state and federal courts throughout North America, involving defects in construction allegedly caused by our client’s construction products
  • Obtained summary judgment and dismissal of an alleged $200 million putative class action comprised of window and door manufacturers and distributors who had utilized sealants manufactured by our client over a 20-year period in hundreds of thousands of installations. Wasco Prods., Inc. v. Southwall Techs., Inc., et al., 435 F.3d 989 (9th Cir.), cert. denied, 127 S. Ct. 83 (2006)
  • Disposal of $1 million claim, with no payment of any settlement funds, involving hundreds of allegedly defective roofs in Illinois
  • Disposal of potential claim by major mid-western university involving alleged defects in its swimming pools, without the payment of any settlement funds
  • Successful defense, with no payment of any settlement funds, of product defect litigation in Montreal, involving a claim of $2.1 million for approximately 17,000 defective windows
  • Successful defense, with no payment of any settlement funds, of product defect litigation involving a hotel constructed in Deadhorse, Alaska
  • Argued and won affirmance in the U.S. Court of Appeals for the Second Circuit of the dismissal of a massive action alleging $4 million in damages. Four Seasons Solar Prods. Corp. v. Black & Decker Corp., et al., 2004 U.S. App. LEXIS 10688 (2d Cir. June 1, 2004)


For further information, please contact David R. Scheidemantle (; or Joshua J. Pollack (