Construction Litigation

Construction litigation is one of the firm's staple practice areas.

Defect Litigation Miller Morton has litigated hundreds of millions of dollars of construction defect claims for some of the largest and most diverse participants in the industry. We have also defended many of California’s largest general contractors and design professionals in multi-million dollar defect cases. And, of course, recognizing that our roots are in representing small and mid-sized general contractors and developers, we continue to service these clients with the same level of dedication and service we give to our institutional clients.

Our construction defect team is trained internally to understand design and installation customs and standards as well as the intricacies of California construction law, and we have developed close relationships with the industry’s best experts to assist us in analyzing and effectively developing and presenting complex construction claims to insurance carriers and, where necessary, arbitrators, judges and juries. Our extensive experience in high-value defect claims has enabled us to develop an expertise on insurance coverage, depletion, recovery impediments and carrier pressure points; all of which allow us to efficiently evaluate strengths and impediments to recovery, and to provide sophisticated, but practical and cost-effective representation. Our first goal is always to resolve cases early, but our experience and reputation for being willing to take cases to arbitration and trial is an important trait when negotiations fail.

Claims Litigation Construction claims are fraught with contractual and procedural deadlines and traps for the unwary. Miller Morton has represented owners, general contractors and design professionals in payment, delay and impact claims for decades, and understands the procedural mechanisms in both private and public works projects to preserve claims - and fight them where necessary. Our understanding of the construction process, industry customs, local, state and federal regulations, as well as California statutory and case law allow us to quickly and efficiently analyze and develop cases for early resolution, where possible.

Our litigation attorneys handle complex delay and impact claims, mechanics’ lien claims, government claims, and job close-out and payment disputes. Again, recognizing our roots and commitment to the construction industry, we also represent property owners and small general contractors in payment disputes, mechanics lien claims, and CSLB investigations and arbitrations.

At Miller Morton, we have the depth, experience and capacity to prosecute nine-figure litigations, and the dedication and pricing structure to assist clients on five-figure problems. Not many law firms can say that and mean it.