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Construction Litigation

FITCH has helped clients through a wide variety of disputes involving private and public construction contracts. Our lawyers have represented the owners of major building projects, homeowners, general contractors, and subcontractors. Clients turn to us in multiparty actions with complicated issues and high stakes and also seek our counsel in smaller cases involving, for example, claims of deficient or unsatisfactory residential work.

We have extensive experience advocating for our clients on difficult construction contract disputes in the courts. We have also helped many clients successfully resolve their disputes in arbitration, which is the dispute resolution mechanisms often used in construction contracts. We have arbitrated many construction cases, particularly ones administered under the Construction Industry Arbitration Rules of the American Arbitration Association.

Whether a construction claim calls for tough, aggressive advocacy in court or arbitration, or can be resolved through more conciliatory means, FITCH has the general litigation experience and the specific construction industry know-how required to get outstanding results for our clients.

practicing in
Construction Litigation

+Heather V.

Heather V. Baer

+Peter E.

Peter E. Ball

+Michele E.

Michele E. Connolly

+Jonathan W.

Jonathan W. Fitch

+Kurt S.

Kurt S. Kusiak


Malgorzata Mrozek

Construction Litigation Case Results

– Commercial Construction

Obtained a large mediated settlement on behalf of a church whose new building had significant defects including water leaks in the exterior insulation finish system and window and door openings. This matter included claims against the “design-build” general contractor and 12 subcontractors.

Initiated bid protest on behalf of developer and won our client the right to rebid the project.

– Municipal Construction

Represented municipality on liquidated damages and delay claims against prime building contractor and its insurer.

Successfully represented builder of university gymnasium on delay claims against structural steel subcontractor.

Successfully represented a town in litigation with a contractor and insurance company that failed to complete construction of a new high school and its athletic fields.

– Residential Construction

Brought suit and prosecuted claims on behalf of homeowner against general contractor who abandoned a partially completed new home project.

Represented owner of new showpiece home against architect and HVAC engineer for defects in the home’s state of the art heating and ventilation and control technology.