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Overview

When construction industry clients seek counsel on issues spanning concept to closeout, they turn to the construction practice at Hirschler. Owners, developers, general contractors, subcontractors and design professionals entrust our Virginia-based team for practical knowledge on each phase of a construction project. We have a deep bench of attorneys, providing clients with unique versatility in addressing matters from bids and negotiation to project management and dispute resolution. Our lawyers skillfully lead clients through the arbitration, trial or appellate process.

Our practice represents a large percentage of the general contractors, subcontractors, suppliers and design professionals in the Virginia / Mid-Atlantic region, as well as local and national developers. Our attorneys regularly advise on large projects, creating a depth of case experience that smaller firms cannot match. 

Members of our construction practice prioritize and assume leadership roles within the Associated General Contractors of Virginia, the Construction Council for the Virginia Bar Association and the Construction Law and Public Contracts Section of the Virginia State Bar. Our attorneys include a licensed professional engineer, a certified construction arbitrator and an American Bar Association Diversity Fellow.

Experience

Experience

General Contractor Representation

Representation of a design-builder on a renovation and new construction project for the Army Corps of Engineers in Georgia.  Successfully resolved causation dispute in federal court after a catastrophic fire.

Representation of a general contractor handling the renovation and new construction of a project in Essex County, Virginia.  The contractor was involved in a dispute with its subcontractor and the owner regarding causation of an explosion. 

Representation of general contractor involved with significant claim against public university.

Representation of forklift sales and service company in OSHA citation contest following employee fatality and negotiated favorable outcome for client based upon assertion of defense of unpreventable employee misconduct.

Representation of general contractor in OSHA citation contest and effectively negotiated favorable outcome including reductions and vacation of citations.

Subcontractor Representation

Representation of a cable installer in the fact of competing million dollar claims with general contractor on a public contract in state and federal court.  Resolution of the case involved in-depth critical path scheduling analysis and complex design testimony.

Represented subcontractor involved with million dollar defective work claims related to LED signs.

Representation of contractor defending a civil investigative demand concerning worker misclassification issues from the Attorney General resulting in withdrawal of demand.

Representation of contractor in licensing dispute with DPOR and negotiated favorable outcome avoiding license revocation proceedings.

Owner-Representation

Regular representation of an owners of retail, office, institutional, warehouse and general commercial projects in the negotiation of construction and design contracts throughout the region and country.

Representation of property owner’s association through successful recovery of past-due owner’s association dues in a jury trial and a subsequent recovery of six figure attorney’s fee award.

Representation of national construction retailer in construction and real estate development litigation in state and federal courts in Virginia.

Representation of restaurant owner during OSHA inspection, employee interviews and negotiated favorable outcome to OSHA citation.

Representation of a commercial plaintiff in a fraud claim related to the purchase of apartment buildings and damage to mechanical system.

Representation of an owner in competing claims with a design professional and contractor and claims of defective design and workmanship.

Products Liability Defense

Representation of plumbing supplier in multi-defendant litigation involving carbon monoxide poisoning.  Based on the testimony of engineering and construction experts, plaintiffs abandoned their claims against the supplier two days before trial began.

Defended a plumbing supplier in a million dollar claim arising from burst equipment.

Defended a general contractor in the final stages of a roof construction defect claim. After a lengthy and complex trial featuring several expert witnesses, the trial court ruled in favor of our client by passing down liability for the defects to the subcontractor. The court also awarded attorneys’ fees to the general contractor.

Represented a telecommunications subcontractor during a project that experienced numerous differing site conditions, changes and delays. In state and federal court, our attorneys utilized careful claim backup and scheduling analysis to successfully defend the subcontractor against multi-million dollar back charges and liquidated damages claims. Our client ultimately achieved a favorable settlement through mediation.

Defended a supplier of plumbing equipment in state and federal courts in multiple cases involving personal injury and property damage. Through careful discovery, use of expert witnesses and creative litigation strategies, our client achieved favorable outcomes in mediation, arbitration, trial and appeals.

Represented a contractor in responding to a Civil Investigative Demand issued by the Attorney General successfully negotiated the withdrawal of the demand.

Represented a commercial property owner during a jury trial in state court. Our client was granted a six-figure award for attorneys’ fees.

  • When Hirschler partner Courtney Paulk walks through one of Liphart Steel's facilities, you see her high-fiving her clients – who are also her friends. People – and relationships – are what matter most to Courtney. Her clients know her. She knows them. And they trust her.

Perspectives

News

Blog Posts

Construction Law Blog

Construction Law Blog

Hirschler's Construction Law Blog is a resource for design professionals, contractors, and lower-tier contractors and suppliers. Blog readers can expect concise, easy-to-follow posts on pertinent and timely issues covering the construction process spectrum from concept to close-out. Never miss a post by subscribing here to receive updates.

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