Construction

Clark Hill is routinely involved in every facet of the construction process, from real estate acquisition and project financing, through the drafting of contract documents and project administration, to claim preparation and dispute resolution. Our diverse clientele consists of:

  • Public and private owners
  • Developers
  • Lenders
  • Sureties
  • General contractors
  • Design professionals
  • Specialty contractors
  • Subcontractors
  • Suppliers

Our construction group is comprised of attorneys with engineering degrees, contracting backgrounds, and experience in countless construction claims and professional liability matters involving a variety of commercial, industrial, heavy, and highway projects. Members of our construction group are frequently contacted to lecture and/or write on various construction law topics and are actively involved in several industry and specialty organizations, including Associated General Contractors of America and the American Bar Association - Construction Forum.

Experience

Christopher Hossack and Heather Seiferth, with the assistance of paralegal, Therese Mayo, defeated a wrongful death claim filed against one of Clark Hill’s national architect/engineer clients in which the Plaintiffs demanded $3,000,000 to settle our client’s alleged liability. The final settlement demand against all defendants in this litigation was $20,000,000, as the deceased was a young man who left minor children behind at his passing.  

Clark Hill’s client was responsible for drafting, auditing and enforcing safety programs during construction administration work for a mine owner preparing to re-open a copper mine in rural Arizona.  As the construction work was winding down, our client’s services were reduced and the mine owner assumed more responsibility for the completion of construction. On a day when our client’s safety technicians were directed by the mine owner to stand down, the deceased, a rookie miner who had only worked six days in this mine allegedly stepped into an un-barricaded chute and fell to his death.  Plaintiffs sought to hold our client, along with the mine owner and its other contractors, jointly and severally liable for failing to enforce safety rules and MHSA mine safety standards on the day of the accident. The mine owner also demanded indemnification from our client under its contract.  

Shortly before trial was due to start, Chris and Heather persuaded the trial court to reconsider a summary judgment motion that had previously been denied. The motion argued that our client could not have proximately caused this accident because the chute was properly barricaded and marked on the client’s last site visit, and no employee of our client was present on the day of the accident.  After the second argument, the trial judge ruled from the bench to dismiss all claims against our client.  Not only was this architect/engineer firm spared the expense and risk of a three week jury trial, but also the mine owner’s indemnity claim was extinguished by this ruling.

In a pro bono case, Nicole Tersigni (under the supervision of Jordan Bolton and Stuart Schwartz) successfully prosecuted our clients’ primary breach of contract claim, and successfully defended our clients’ fraud claims through summary disposition proceedings. In short, our clients hired the defendant contractors to remodel our clients’ modest 900 square foot home, so the main level would be accessible to their severely disabled son. The defendant contractors took our clients’ money, completed a portion of the work, then walked off the job, claiming fraud in the inducement. After taking a significant supporting role in discovery, and a lead role in getting the defendant contractors’ counterclaims dismissed as a sanction for their discovery abuses, Nicole took a lead role in the briefing related to competing motions for summary. The Court dispensed with oral argument, granted our clients’ motion on their breach of contract action, and denied the defendant contractors’ request to dismiss our clients’ fraud claims.

News
Clark Hill Attorneys Selected for Inclusion in the 2021 Edition of Best Lawyers in AmericaClark Hill Attorneys Named to 2020 Michigan Super Lawyers & Rising Stars List Clark Hill Attorney Matthew Smith to Present at Michigan Mason Contractors Association Spring/Summer MeetingClark Hill Attorneys Named to DBusiness Magazine's 2020 Top Lawyers ListClark Hill Lawyers Named 2020 Leading LawyersClark Hill PLC Receives National and Regional Tier 1 Rankings in the 2020 Edition of Best Lawyers “Best Law Firms”Clark Hill Attorneys Named 2019 Michigan Super Lawyers & Rising StarsClark Hill Ranked 12th in Construction Executive Top 50 Construction Law FirmsClark Hill PLC Receives National and Regional Tier 1 Rankings in the 2019 Edition of Best Lawyers, “Best Law Firms” Clark Hill Member Steven Hoch Published in Construction Executive CE This WeekSixty-Six Clark Hill Attorneys Named 2018 Michigan Super Lawyers & Rising StarsClark Hill Attorneys Named 2018 “Leaders in their Field” by Chambers USAClark Hill Attorney Matthew T. Smith to Present at "Preventing and Addressing Construction Defects and Failures" Seminar on January 25, 2018Sixty-Seven Clark Hill Attorneys Named 2018 Leading LawyersClark Hill PLC Receives National and Regional Tier 1 Rankings in the 2018 Edition of Best Lawyers, “Best Law Firms”Sixty-Six Clark Hill Attorneys Named 2017 Michigan Super Lawyers & Rising StarsSeventy-Four Clark Hill Attorneys Selected for Inclusion in the 2018 Edition of Best Lawyers in America Clark Hill Attorney Douglas Folk to Present “Limiting The Unintended Duty to Defend: An Analysis of State Law” at Victor O. Schinnerer, Inc. 56th Annual Meeting of Invited Attorneys in Chicago, Illinois on May 26, 2017 Twenty-Eight Clark Hill Attorneys Named to DBusiness Magazine's 2017 Top Lawyers ListClark Hill PLC Receives National Rankings in the 2017 Edition of U.S. News-Best Lawyers, “Best Law Firms”Sixty-Four Clark Hill Attorneys Selected for Inclusion in the 2017 Edition of Best Lawyers in AmericaTwenty-Six Clark Hill Attorneys Named to Pennsylvania Super Lawyers & Rising Stars 2016 ListClark Hill Paralegal Valerie J. Lawver to Present at Institute for Paralegal Education Probate Seminar in Grand Rapids, Michigan on May 9, 2016Sixty-Six Clark Hill Attorneys Selected for the 2015 Super Lawyers Business EditionTwenty-Eight Clark Hill Attorneys Named to DBusiness Magazine's 2016 Top Lawyers List