With a fully integrated team of litigators, business lawyers and employment lawyers, Kennedy Childs & Fogg represents contractors, architects, and engineers across the spectrum of legal issues facing the construction industry.
With deep experience in construction dispute resolution and insurance coverage issues, we’ve represented every sector of the construction industry in all types of cases for both public and private projects. For instance, we successful represented a number or clients in litigation arising from the construction of Denver International Airport, then the largest public project in North America.
Our work in the commercial construction industry includes:
- Products liability defense for building products manufacturers;
- Construction defect litigation;
- Contract formation;
- Alternative dispute resolution (arbitration & mediation);
- Employer defense of employment claims;
- Professional liability claims and defense of licensed professionals, including architects, engineers and real estate brokers;
- Litigation of contract disputes and employment claims.
Kennedy Childs & Fogg possesses significant experience in construction defect litigation, a rapidly changing area of law that presents unique challenges for clients and insurance carriers. Legislative and judicial efforts to limit and control the recent explosion of cases in this area have met with limited success. Insurance carriers and private clients need creative and aggressive approaches to these cases to avoid unnecessary attorneys’ fees and costs where the client or insured has little or no liability, yet is involved in a case which is set for a ten to thirty day jury trial. For subcontractors, prompt investigation and negotiations or early motions to dismiss or for summary judgment are often needed to force the plaintiff, developer, or general contractor to release an innocent subcontractor or material supplier in such litigation.
Our veteran group of counselors and litigators is particularly well-versed in the defense of construction products liability claims. With a team focused on the construction industry and the complex engineering and building systems employed, our team can efficiently boil down complex engineering language for lay person consumption, and call on a network of experts who can help them craft effective strategies for early dispute resolution, be it litigation, arbitration, mediation or other forms of resolution.
We also understand the complex legal insurance coverage issues inherent in large construction defect litigation. Issues on the duty to defend and indemnify under construction specific exclusions and endorsements. Our group of construction attorneys is an excellent choice for creative and effective ways of handling these issues.
The KCF Value
Integrated services – Our team knows the construction industry from all sides, with experience working for manufacturers, contractors, and design professionals on a wide range of business and legal issues, from entity formation to the defense and adjudication of disputes, to employment and general business law. Working with the construction industry on all issues affecting them enables us to address even the most discrete legal issues with a keen eye on your business interests, allowing us to advance a course of action that will enable you to focus on your overarching business objectives.
A private employer and insurance perspective – Our team understands the varied interests at stake in commercial and residential construction legal issues. We know the perspectives and objectives held by the insurance companies. We understand the needs of the self-insured. Our team brings a nuanced approach to every case, and we know how to work with and through the competing interests at stake to achieve a resolution that addresses the needs of all parties.