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

The Coleman Law Firm 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.

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Client Comments

Jon simply makes things super easy when it comes to our legal issues. Read More
– Scott Jensen, President , MCI Paint and Drywall, Inc.

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Updates

OSHA’s Silica Rule: Risk Management and Best Practices

OSHA requires employers to limit workers’ exposure to respirable crystalline silica and to take appropriate steps to protect workers whose exposure reaches certain thresholds.

Jeff Coleman designated a top MN construction attorney by Chambers and Partners

We are pleased to announce that founding partner Jeff Coleman has again been named one of the top Construction attorneys in Minnesota by the international attorney rating organization, Chambers and Partners. The designation “Band 1” is based on their rigorous, independent research, which includes interviews with clients and peers. To go to Jeff’s description in […]

Understanding and Navigating the Business Immigration Process—The H-1B Visa

Recommendations for securing H-1B Visa approval. Enabling American companies to employ foreign workers in \”specialty occupations\” which require highly qualified and skilled employees..

Lars Erickson elected to the Minnesota Concrete Council Board of Directors

We are pleased to announce that partner Lars Erickson has been elected to a two-year term on the Board of Directors of the Minnesota Concrete Council. The MCC is a concrete-related trade association dedicated to advancing education, technical practice, scientific investigation and research into cast-in-place concrete. Lars has been practicing law since 1996 and has […]

The Go/NoGo Process: Risk Analysis of Client, Project and Team

Projects are the lifeblood of A/E business. But the marketing resources required to secure a project can be significant. From a management perspective it’s a balancing act: Is pursuing this project a worthwhile investment? Are the project and client a good fit for our firm? Would this project truly benefit the business—in terms of profit […]

Lobbying, PACs and Contributions: What A/E Execs Need to Know

Legislation and public policy are crucial factors in the lives of architects and engineers. So. . . A/E professionals need to know how individuals, companies and professional organizations can ethically influence public policy and law. and A/E executives should build a culture that encourages and supports employee civic involvement, while in no way suggesting that […]

A Proactive Approach to Claims

No one wants to have a claim filed against them. So you need to know how to recognize an incident that could become a claim, and how to manage the incident before it progresses to litigation. Then you need to share lessons learned with your staff.

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Roundtable

The Coleman Executive Roundtable for Architects and Engineers is a community of architectural and engineering industry leaders who come together quarterly to learn about and discuss current business issues.

Read More About the Roundtable