Design Errors & Omissions/Defective Construction Work
Conway & Mrowiec regularly advises clients in cases involving design errors and omissions or allegations of defective construction work. Examples of recent work include:
- High-Rise Residential. Successfully represented developer of residential high-rise in recovering against architect for rework necessary to conform apartments to accessibility requirements.
- Parking Garage/Foundation of Library. Defended concrete formwork subcontractor from indemnity claims seeking $65 million to investigate, repair and litigate on $7 million parking structure involving some assigned claims.
- Hotel. Defending general contractor against owner claim of defective work where design errors and omissions also alleged.
- Elevated Railway. Represented national engineering firm in multi-week bench trial concerning the design and fabrication of structural steel for Chicago’s elevated railway system. Judgment was entered in favor of the engineering firm. Issues included submittal review and the division of connection design responsibilities between the structural engineer and the steel fabricator.
- Retail/Hotel Complex. Successfully represented owner in defense of architect and engineer fee claims and prosecution of counterclaims for errors and omissions resulting in millions of dollars of additional construction costs recovered through mediation.
- Hotel. Represented design professional in defense of owner’s claim of errors and omissions.
- Chicago Landmarks. Successfully represented a structural steel fabricator in a lawsuit involving design issues with one of Chicago’s best-known landmarks. The case settled at a multi-party mediation.
- High-Rise Residential Condominium. Successfully defended agency construction manager from developer’s third party claim for indemnity for condominium association’s $8 million claim of defective masonry and window work performed by multiple trade contractors by motion to dismiss and, subsequently, by direct claim of association by motion to dismiss affirmed on appeal.
- High-Rise Residential Rental. Successfully defended general contractor from owner’s claim of defective masonry work performed by subcontractor, resolved at mediation.
- High-Rise Residential Condominium. Currently defending concrete subcontractor on claim by condominium association on 60-story building.
- Residential. Represented general contractor in suspended residential project exhibiting mid-building settlement in multiple-party resolution with owner, architect and structural engineer.
- Religious Complex. Represented general contractor in resolving owner’s claim for allegedly defective masonry work on North American headquarters of religious order.