Practice Overview

Sonkin • Koberna has extensive experience representing owners, developers, construction managers, contractors, material suppliers, architects and engineers in all aspects of construction litigation, including complex claims involving delays, unforeseen site conditions, change orders and extra work, defective materials or workmanship, cost overruns, breach of warranties, performance and payment bond claims and design and structural defects. Our construction litigators regularly appear in state and federal court and before arbitrators pursuing and defending claims involving both sophisticated commercial and industrial projects, as well as residential construction.We have also successfully pursued and defended claims involving soil and subsurface conditions, including numerous claims involving slope movement and settlement.Sonkin • Koberna has significant experience handling bid disputes and is well-versed in competitive bidding requirements for public improvement projects. We have successfully pursued the rejection of defective bids, as well as successfully defended challenges to our clients’ bids.As a result of their thorough knowledge and familiarity with the Ohio mechanic’s lien statute, our construction lawyers can assist with the preparation and filing of affidavits for mechanic’s liens, challenging the validity of improper liens and enforcing lien rights.

REPRESENTATIVE ENGAGEMENTS

 

  • Recovered $416,000 settlement for subcontractor owed funds for completion of work on multiple projects
  • Recovered over $400,000 for homeowners in action against homebuilder who constructed new home on substandard soils, resulting in significant settlement of foundation and lost value of home
  • Represented national automobile insurance company against installer of defective curtain wall and window systems, resulting in ongoing leaks and degradation of building materials
  • Obtained the dismissal of geotechnical engineer from action brought by homeowner to recover for settlement damage to home built on slope allegedly caused by moving soils
  • Represented county library in action against manufacturer, installer and designer of failed built-up roofing system
  • Represented general contractor in obtaining recovery from subcontractor for damages caused by use of defective asphalt materials in construction of drug store parking lot
  • Advised property owner regarding delays and cost overruns on large hotel project
  • Defended general contractor in litigation filed by bonding companies to recover amounts paid to resolve payment claims
  • Obtained judgment following bench trial on behalf of supplier of windows for construction project after contractor refused to pay for the windows, claiming they did not meet project specifications
  • Represented unsuccessful bidder on trail reconstruction project in connection with disputing award of contract by city to second lowest bidder
  • Defended flooring contractor in arbitration brought by installing subcontractor for allegedly providing defective product specification
  • Defended contractor which installed glass curtain wall system on bank office building in connection with warranty claims brought by owner to recover damages allegedly caused by defective installation
  • Defended excavation contractor against claims brought by trucking firm which claimed not to have been paid all it was owed for hauling services, although topographic maps indicated trucking firm was actually overpaid

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