Construction Litigation

Construction Litigation

Tyson & Mendes has successfully represented design professionals, developers, contractors, subcontractors and suppliers. We handle all aspects of construction-related litigation, including design or construction defects; delay, disruption, and acceleration; earth movement; job-site injury; and more.

In recognition of the fact construction litigation can be protracted and expensive, Tyson & Mendes is dedicated to providing cost-effective service to our clients. We are strong proponents of alternative dispute resolution where appropriate and are actively involved in construction dispute avoidance counseling on behalf of clients. This involves the review and negotiation of contracts in order to minimize risk, as well as negotiation and resolution of disputes to prevent litigation.

Our attorneys have extensive trial and arbitration experience in both state and federal courts, and before the American Arbitration Association and other arbitration forums. Consistent with our emphasis on cost-efficiency, Tyson & Mendes partners with the client at the outset of litigation to discuss specific litigation goals and strategies that consider the most efficient and cost-effective manner of proceeding successfully.

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Construction Litigation Articles:

Avoiding Premises Liability Claims for Colorado Businesses

Author: Bradley Damm | April 2, 2021 9:00am
Colorado’s Premises Liability Act is found under C.R.S. § 13-21-115. This Act provides the sole remedy for those injured on land possessed by another landowner. The term “landowner” includes authorized agents or other persons in possession of real property or otherwise legally responsible for the condition of real property or the activities conducted or circumstances existing on real property. The Premises Liability Act divides a landowner’s duty of care by the classification of the injured person. These include “invitees,” “licensees,” and “trespassers.” This article focuses on the duties owed to invitees.

Score One for the Subcontractors: You Can Challenge a “No Damages for Delay” Clause! Maybe Others?

Author: Robert Bernstein | February 9, 2021 9:00am
It is a given in the construction industry: owners and general contractors have superior bargaining positions when compared to subcontractors.  This is justified by the fact owners generally fund projects and assume the risk a project may be, in one or more facets, unsuccessful.  Likewise, general contractors typically assume a significant share of responsibility for the timely and efficient completion of a project.  Of course, owners and general contractors stand to reap...

So You Bought a Home From a Public Auction. What Are Your Next Steps?

Author: Cheryl Wilson | February 9, 2021 9:00am
If a person buys Nevada property at a mortgage or tax sale, what can the purchaser do to protect the real property from unknown claimants? The cleanest way is to bring a lawsuit to “quiet” title to the property and legally extinguish all other claims. To do so, a landowner must be sure the ownership does not implicate Nevada’s statute of limitations on seisin. “Seisin” is an old common law property term referring to the status of possessing physical and legal title...

Recent Changes in New York Landlord-Tenant Laws Due to COVID-19 Temporarily Halt Evictions Until May 2021

Author: Rachael Marvin | February 9, 2021 9:00am
Under New York property law, a landlord may bring a special proceeding to remove tenants who continue to occupy the premises without permission after the lease term is over. This provides New York state courts with broad authority to remove holdover tenants. However, recent Executive Orders issued by Governor Andrew Cuomo and Administrative Orders issued by the Chief Administrative Judge in response to the COVID-19 pandemic have sharply limited...

Contract-defying Policy of Equitable Grace Period Requires Permanent Improvement to Property

Author: Po Waghalter | November 9, 2020 7:59pm
Normally, contracts are strictly construed, and courts are generally reluctant to veer away from the written terms. However, as with every rule, there is an exception, and with regard to long term lease agreements, there is the quiet but powerful Equitable Grace Period: quiet in that potential beneficiaries are not often aware of its existence, and powerful in that it defies the general policy of strict adherence to contract terms.

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