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Design Errors & Omissions/Defective Construction Work

Conway & Mrowiec regularly advises clients in cases involving design errors and omissions or allegations of defective construction work.  Examples of recent work include:

High-Rise Residential

Successfully represented developer of residential high-rise in recovering against architect for rework necessary to conform apartments to accessibility requirements.

Parking Garage/Foundation of Library

Defended concrete formwork subcontractor from indemnity claims seeking $65 million to investigate, repair and litigate on $7 million parking structure involving some assigned claims.

Hotel

Defending general contractor against owner claim of defective work where design errors and omissions also alleged.

Elevated Railway

Represented national engineering firm in multi-week bench trial concerning the design and fabrication of structural steel for Chicago’s elevated railway system.  Judgment was entered in favor of the engineering firm.  Issues included submittal review and the division of connection design responsibilities between the structural engineer and the steel fabricator.

Retail/Hotel Complex

Successfully represented owner in defense of architect and engineer fee claims and prosecution of counterclaims for errors and omissions resulting in millions of dollars of additional construction costs recovered through mediation.

Hotel

Represented design professional in defense of owner’s claim of errors and omissions.

Chicago Landmarks

Successfully represented a structural steel fabricator in a lawsuit involving design issues with one of Chicago’s best-known landmarks.  The case settled at a multi-party mediation.

High-Rise Residential Condominium

Successfully defended agency construction manager from developer’s third party claim for indemnity for condominium association’s $8 million claim of defective masonry and window work performed by multiple trade contractors by motion to dismiss and, subsequently, by direct claim of association by motion to dismiss affirmed on appeal.

High-Rise Residential Rental

Successfully defended general contractor from owner’s claim of defective masonry work performed by subcontractor, resolved at mediation.

High-Rise Residential Condominium

Currently defending concrete subcontractor on claim by condominium association on 60-story building.

Residential

Represented general contractor in suspended residential project exhibiting mid-building settlement in multiple-party resolution with owner, architect and structural engineer.

Religious Complex

Represented general contractor in resolving owner’s claim for allegedly defective masonry work on North American headquarters of religious order.

MULTI-FAMILY RESIDENTIAL

In arbitration and mediation obtained eight-figure recovery for owner for construction and design defects.

MULTI-FAMILY RESIDENTIAL

In arbitration and mediation, obtained seven-figure recovery for owner from architect for delay arising from errors and omissions.

HIGH-RISE RESIDENTIAL

In mediation, obtained mid-seven-figure recovery for residential high-rise owner for defective roof construction.

HIGH-RISE RESIDENTIAL

In litigation and mediation, successfully defended general contractor from mid-eight-figure condominium association claim of defects resulting in low six-figure settlement.