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Construction Litigation and Counseling

BSP Law’s Construction Litigation and Counseling team, led by Moheeb Murray, helps clients through all aspects of the litigation process and counsels clients on how to best handle matters.  This enables the BSP Law team to deliver favorable results, cost-effectively, to the firm’s construction-industry clients.

BSP Law prioritizes staying up-to-date on local and nationwide trends through active involvement in industry organizations, including the American Bar Association’s Construction Industry Forum, the Construction Association of Michigan, Associated General Contractors of Michigan, the Defense Research Institute’s Construction Law Committee, the Home Builders Association of Southeastern Michigan, and more.

Experience Includes

  • Complex Construction Disputes
  • Defective Design and Workmanship
  • Defective Building Components
  • Class Actions
  • Mass Actions
  • Negotiation
  • Indemnity
  • Insurance Coverage
  • Warranty Programs
  • Counseling on Construction Agreements & Litigation Avoidance
  • Alternative Dispute Resolution
  • Jobsite Accidents
  • Lien Foreclosure
  • Bond and Delay Claims
  • Appeals
  • Risk Management Programs
  • Errors & Omissions

Representative Matters

  • Defended developers in multiple class and mass actions alleging defective plumbing systems in tens of thousands of homes in Arizona, California, Nevada and Texas, obtaining recoveries totaling more than $75 million from manufacturers of plumbing components and various insurance carriers.
  • Defeated state-wide class alleging installation of defective insulation in more than 7,500 single family residences.
  • After settlement of underlying homeowners’ association’s construction defect claim against developer of mid-rise condominium building, recovered $3.25 million from developer’s GL carrier to reimburse developer for initial repairs/investigative expenses.
  • In a putative statewide class action in the Middle District of Florida, obtained published decision dismissing tort claims, dismissal of $2 billion punitive damages claim, Daubert rulings striking liability and damages experts, and denial of class certification.
  • Defended builder/developer of short-term rental community against purchasers’ claims that sale of condominium units constituted the sale of unregistered securities in violation of federal securities law.
  • In a suit filed by lender to enforce development completion guarantee, obtained favorable discovery rulings for developers leading to negotiated settlement of less than 12% of actual completion costs.
  • Obtained rescission of $17.4 million real estate development project agreement based on developer’s fraud concealing non-payment of earnest-money deposit.
  • Represented national vehicle-rental company in successfully resolving lien claim in connection with expansion of a rental location.
  • Defeated class certification and negotiated favorable resolution of claims of more than 1,000 landowners alleging improper disclosure of utility rates.
  • Defended homebuilder and captive mortgage company in two state attorney general enforcement actions.
  • Successfully represented a leading national real-estate investment trust (REIT) against a commercial-property inspection company that inadequately inspected a large entertainment venue that the REIT purchased. The inspection company failed to disclose numerous significant defects that required expensive post-purchase remediation. BSP aggressively prepared the case for trial, and through carefully crafted Daubert motions and motions in limine caused the inspection company to capitulate to a seven-figure settlement on the eve of trial, when the defendant had previously only offered a fraction of that amount.
  • Assisted a large corporate client in resolving construction-lien claims arising in connection with a substantial project involving the significant expansion of a rental and storage location in Southeast Michigan.
  • Representing manufacturers in disputes regarding the construction and repair of manufacturing and other industrial facilities.

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