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Construction Litigation

Jones and Dyer has extensive experience in all aspects of construction contracting and litigation. Our clients are engaged in the entire spectrum of the construction process: general contractors, sub-contractors, construction managers, owners, real estate developers, lending institutions, materials and equipment suppliers and others.

Jones and Dyer has represented general contractors, subcontractors, suppliers, engineers, architects, project managers, as well as owners in Construction Defect Litigation cases throughout the states of California and Nevada in both state and federal courts as well as arbitration proceedings.

Our construction litigation team can assist in defending any type of construction claim including:

  • Excavation and Compaction
  • Concrete Foundation
  • Underground Utilities
  • Framing and Structural Work
  • Windows
  • Stucco and Interior Plastering
  • Roofing
  • HVAC


Our experiences and capabilities in construction litigation include:

Commercial Construction
  • Successfully represented general contractor in an action against subcontractor concerning defective windows in a 100,000 square foot commercial building.
  • Successfully represented property owner against general contractor and tenants involving claims that tenant improvements succeeded permits and resulted in violation of zoning provisions.
  • Successfully represented a commercial coding contractor with respect to application of specified coding on interior of one million gallon water tank.


Construction Defect
  • Successfully represented window manufacturer in several homeowner construction defect cases all resulting in nuisance value settlements.
  • Represented real estate developer in homeowner claim concerning land subsidence resulting in damage to their home. We obtained settlements from the soil engineer and grading contractor. After a trial in the matter, the plaintiff was given the election of remedies of recision or a remittitur of damages equivalent to the recision amount. The court's order effectively forced the plaintiffs to resell the property to the developer. We were able to put together a buyer for the property whose contribution, coupled with that of the settling cross-defendants, resulted in a net return to both the insurance carrier and the developer.
  • Successfully defended a civil engineer on a grading and drainage lawsuit in the Lake Tahoe basin resulting in a defense verdict.
  • Successfully represented a concrete contractor in a case in Las Vegas involving over 200 slab foundations. After Summary Judgment was granted with respect to 90% of the claims, a nuisance value settlement concluded the case.
  • Successfully represented a regional window manufacturer in both state court and the Nevada State Contractor’s License Board. Following a board decision rejecting the claim of the developer, the developer settled the state court litigation by paying our client $260,000.
  • Represented an interior plaster manufacturer involving a construction defect claim arising from plaster popping. The defense of the case involved the assembly of a complex expert witness team to determine the cause of the plaster popping which was isolated with a raw material manufacturing defect. As a result, 90% of the claim was paid by the lime component manufacturer.
  • Successfully represented an international textile importing company in a fire claim arising from special materials provided to a stage in a Nevada hotel casino.


Highway Construction
  • Following a trial involving a paraplegic, we were retained as counsel for a state department of transportation concerning Motions for New Trial and a potential Appeal following a $17 million verdict. We successfully filed and prosecuted a Motion for New Trial resulting in the nullification of the $17 million verdict. On Appeal, the ruling granting the Motion for New Trial was affirmed by the Fourth District Court of Appeal.
  • Successfully represented Caltrans in a wrongful death case where the demand against Caltrans exceeded $1 million. Through the creative use of contractual assignments, we were able to force other entities to pay any settlement in the case. The case settled on the first day of trial resulting in a release of Caltrans, but no payment being made by the state.
  • Successfully represented the Nevada Department of Transportation in an accident which occurred during a road bed modification project. After extensive discovery and development of the case with use of expert witnesses, the case settled for a nuisance value one week before trial.
  • Successfully represented a Nevada highway contractor on a claim involving failure to properly place signs at a highway construction site. The claim involved two decedents and one brain injury. The case settled before trial at a deep discount of the initial demand.
  • Successfully represented concrete highway contractor in American Arbitration Association proceeding against international construction company.



To find out more about this, call (916)552-5959.