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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 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:

  • Defeated class certification in a putative class action involving thousands of alleged construction product uses in California and damages allegedly exceeding $750 million; the parties subsequently reached a settlement pursuant to which our client paid no money to plaintiffs
  • National outside counsel for a multi-billion dollar manufacturing company in litigation filed in various state and federal courts throughout North America, involving defects allegedly caused by our client’s construction products
  • Obtained a 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 one of our construction-law attorneys:

David R. Scheidemantle (dscheidemantle@ScheidemantleLawGroup.com);
Joshua J. Pollack (jpollack@ScheidemantleLawGroup.com); or
Caroline A. H. Sayers (csayers@ScheidemantleLawGroup.com).