Defense of Architects and Engineers
Defense of Architecture Firm for Faulty Installation
An architecture firm confronted a claim arising out of window installation, involving wall flashing and masonry details. The building under construction was one that made an important corporate statement for their client. The architecture firm’s goal was to resolve the issue in a way that preserved the long-term relationship they had built with their client and the ongoing work they could expect in the future. We successfully resolved the claims through mediation, at a reasonable cost to our client, and the good working relationship was preserved. The client is currently working with the company on another project. This is one of several disputes we have handled over the years for this client. Like our other long-term clients, they consider us a key resource in building their business and achieving their goals.
Defense of Architecture Firm for Claims Made by National Real Estate Developer
Coleman & Erickson has defended a long-term architecture client in several condominium/multifamily housing cases. In one case, we obtained dismissal based upon failure to state a claim or failure to comply with the Minnesota export affidavit statute. In two cases, other dismissal was based on failure to comply with MN statute 544.42, the export affidavit requirement. In another, we positioned the client through negotiations so they can get released from the case with prejudice without having to proceed through costly litigation. Such cases are normal for architecture clients, but they could represent significant damage to the bottom line in both direct costs and future insurance premiums.
Methodist Hospital, St. Louis Park, MN
Mr. Coleman was counsel to a major architectural/engineering firm in defense of a multimillion-dollar claim against the engineer and architect arising out of construction of a hospital project on a former landfill site. Claims included issues regarding slab on grade, reduced vertical building capacity due to down-drag on pile system, and other issues. The case was settled in mediation.
Soaring Eagle Casino & Resort, Mt. Pleasant, MI
Mr. Coleman was lead counsel in defense of a $200+ million claim against an A/E firm for design and construction administration of a $175 million complex. The consolidated arbitration involved four cases, including one against individuals originally filed in Tribal Court. We successfully argued a motion in Tribal Court and, ultimately, in the Tribal Court of Appeals, to remove to arbitration. Other consolidated cases involved a parking ramp, hotel curtain wall, casino opening delay and lost profits claim, and fees and architectural fees counterclaim. After 105 days of arbitration in front of a three-person panel, the final award included recovery of almost $1 million in fees and expenses in favor of the A/E client.