The undertaking of a construction project can be one of the most challenging, and simultaneously fulfilling, endeavors undertaken by any business. No matter the size of the project, from the building of a residential townhome to massive shopping mall, dozens of contractors, sub-contractors, inspectors, professionals, and even members of the public can be exposed to the construction site and its inherent risks. The very nature of construction projects means that they are, by definition, incomplete, and often filled with potential hazards which each represent a possible source of litigation. This notion holds true with even the most carefully-managed project staffed with the most diligent of people. A single mistake can lead to a vast array of problems ranging from mere delays in completion to catastrophic injuries, or even the loss of human life. As unwavering advocates, the Morgan & Akins construction practice group provides advice and representation to clients, both before and after the unforeseen and undesirable occurs.
Our attorneys provide a wide range of services as projects evolve, including guidance on labor and employment issues and representation in contractual matters. In instances of onsite accidents involving injuries to people or damage to property, we supervise investigations, assist and interview witnesses, and notify authorities when appropriate. We also ensure proper notice to insurance carriers, help our client to document their issues and losses, and resolve the countless other tasks necessary to ensure the preservation of evidence and to expedite resolution. Lastly, should one of our clients be faced with a claim that the resulting finished product does not conform to the plans set forth or is somehow defective, we can handle those matters as well. From project planning, to contract formation, to initial ground breaking and all the way though grand opening, we stand with our clients.
Development, Land Use, and Zoning
Regulatory changes, contractor compliance, unforeseen construction costs, financing issues, and investor-related disputes each pose their own hurdles which can result in aggravating and costly delays. We at Morgan & Akins understand that to minimize and, in many cases, completely eliminate those barriers, clients must have clear and concise guidance from the outset. Just as each project is unique in design and scope, each venue poses unique statutes, ordinances, and regulations which control the timing of a build, the nature of particular project features, and the very viability of a project itself. Whether the governing statute is the New Jersey Municipal Land Use Law, the Pennsylvania Municipalities Planning Code, or New York City’s Zoning Resolution, each city, county and township enacts locally governed rules controlling development and land use therein. Consequently, it is imperative that counsel understands the process, is able to navigate the choppy municipal waters, and anticipate community concerns in order to ensure a successful application. Morgan & Akins has the skills and acumen to prevail in these endeavors and will provide you with the guidance necessary to ensure the process is as swift as possible.
In the unfortunate scenario where litigation is the only option, we stand shoulder-to-shoulder alongside our clients. The Morgan & Akins construction practice group understands that a successful litigation strategy demands a detail-oriented approach, proactive case management, and professionals who have the experience and skills to get the job done. While other firms approach case management as a simple game of checkers, thinking one or, at best, two steps ahead, we know better. The strategic handling of litigation is a complex game of chess demanding advanced thought and the ability to see many steps ahead. We understand that today’s market has produced significant growth opportunities for enterprising developers, builders, and investors in the real estate and construction sector. However, it seems that for each opportunity that has emerged, an equal and opposite challenge has also sprouted. Fortunately, we at Morgan & Akins aid our clients through the provision of adept counsel who operate with a deep understanding of not only the construction industry but of the needs of the people who operate in that space.
With this in mind, the Morgan & Akins construction practice group is always on standby and ready to immediately respond to the scene of an incident in order to protect our client’s interests. From simply making sure that the water supply to a broken lawn sprinkler system is shut off before flooding occurs, to full-scale disaster mitigation, we are ready. From ensuring that the doors to a building where an accident occurred are locked until a scene inspection can be arranged, to dealing with representatives from OSHA and criminal investigative units, we have our clients covered. We also understand that high profile cases present their own difficulties, not only due to media and public perception concerns, but also such cases may impact investor confidence and the ongoing stream of financing necessary to keep a project afloat. The attorneys of the Morgan & Akins construction practice group have experience in addressing even the most conspicuous matters. Our experience gives us the knowledge and confidence needed secure the best resolution for our clients.
Only a time-tested team can best anticipate and manage the potential risks in complex construction projects. Our team offers comprehensive legal services to our clients and curates a client-tailored litigation strategy ensuring our clients succeed in defense of their construction projects. We guide client representatives through the entire litigation process to ensure that each individual that we represent fully understands, and is comfortable with, the litigation strategy. Each of us at Morgan & Akins share in the pride that our clients take in their work and, as such, we work tirelessly to defend their reputation and work product. Drawing on extensive experience in litigating numerous property damage cases, as well as our long history of dealing with insurance companies and claims adjusters, we ensure that our clients are shielded from unscrupulous claims.
Arbitration and Mediation
The Morgan & Akins construction practice group recognizes that the construction community can be tightly knit and that strong working relationships with others involved in project development is critical to the client’s overall success. We also appreciate the construction industry’s penchant for alternative dispute resolution as is reflected in the majority of construction contracts. We are a firm that is accustomed to, and comfortable in, these forums and we have a keen understanding of how to be persuasive and understood, distilling the disagreement to its essence while clearly outlining the legal foundation for our arguments. By basing our positions in both logic and law, we are able to actually improve business relationships between our clients and others while contemporaneously providing unparalleled legal representation. We are not afraid to get our hands dirty and work tirelessly to protect our client’s interests.