EMK’s attorneys assist a wide range of commercial, residential and infrastructure developers and contractors address the vast array of legal challenges that arise throughout the construction process, ranging from design and risk management through to development and project maintenance. Whether our representation is of a developer, general contractor, subcontractor, product manufacturer or insurance carrier, EMK’s attorneys provide clients with the unique perspective needed to address each client’s unique legal issue. This breadth of experience enables our office to handle the complete spectrum of legal issues that arise before, during and after project completion in a cost-effective and efficient manner, including:
contract negotiation, owner/developer project management analysis, construction administration services, risk management planning, contract default and termination, delay claims, alternative dispute resolution, insurance coverage and claim disputes, construction defect litigation, mechanic’s liens, property damage claims, and workplace injury.
EMK's clients benefit from a deep understanding of the technical issues arising out of construction disputes.
EMK is highly skilled at handling all types of construction defect litigation for a wide range of clients.
We frequently address legal issues centering upon general and professional liability insurance policies.
Mechanic’s Liens Claims
We are able to confidently assist our clients with recording, perfecting and defending mechanic's liens.
EMK is well equipped to defend their clients’ interest in all manner of subrogation and contribution claims.
General Contractor and Developer Defense
EMK’s clients will benefit from our specific construction expertise thanks to EMK’s deeper understanding of the highly technical issues arising out of construction disputes. EMK routinely assists clients in establishing administrative procedures for compliance with the construction process and helps educate construction participants on the importance of documentation in the design and construction process.
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Commercial and Residential Construction Defects
EMK is highly skilled at handling all types of construction defect litigation. Our attorneys have handled numerous and varied construction defect related cases, many of which have involved extremely complex issues with a multitude of defendants and scores of asserted construction defects. We have represented clients in disputes ranging from single and multi-family dwellings to large commercial buildings, planned unit developments, multi-use retail, industrial and governmental projects. Our clients include property owners, developers, homeowners, contractors and subcontractors, design professionals, and material manufacturers.
We pride ourselves on conducting a detailed analysis and assessment of complicated construction defect claims in order to identify a client’s potential exposure, and to reduce that potential exposure using a comprehensive team approach, featuring attorneys and support personnel with industry-specific experience. While always looking for potential early resolution avenues (including by way of SB 800 or other contractual prelitigation procedures), we are consistently advocating for our clients’ position, and where necessary, preparing for trial of the matter on the merits.
Our attorneys also utilize their significant experience in construction defect litigation to assist clients with development of contracts, training seminars, and sales documentation to lessen future exposure.
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Advising and representing national insurance and reinsurance companies in coverage disputes, EMK attorneys deal extensively with issues of policy coverage, interpretation, and exclusions. Because insurance defense has been a mainstay of the practices of the firm’s attorneys, EMK has many long-term relationships in the insurance industry. EMK attorneys frequently address legal issues centering upon all facets of general and professional liability insurance policies, including complex duty to defend analysis, contractual coverages, policy conditions and “business risk” and “pollution” exclusions. Likewise, we are experienced in environmental coverage litigation involving liability for waste disposal under both statutory and common law theories of liability.
Separately, EMK attorneys routinely assist clients during renewal processes to ensure that each unique facet of our clients’ operations are adequately insured to minimize future potential exposure.
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Mechanic's Liens Claims
EMK’s extensive experience with mechanic’s liens allows us to assist our clients both with recording and perfecting liens, but also to defend property owners against wrongfully filed liens. Whether our clients are subcontractors and material suppliers seeking to protect their financial and business interests by and through the mechanic’s lien process, or prime contractors and property owners seeking to ensure their property is protected, EMK attorneys are equipped to assist our clients with all of their needs.
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Subrogation & Contribution Claims
EMK’s attorneys are well equipped to defend their clients’ interest in all manner of subrogation and contribution claims. EMK’s depth of experience in construction and insurance litigation provides unique and valuable insight into defending against claims for subrogation and contribution. EMK’s ability to understand both the insurance and construction/liability aspects of a case allows our attorneys to prepare a thorough defense strategy and effectively execute the same. Likewise, having defended many general contractors and developers, EMK’s attorneys are well-qualified to prosecute legitimate subrogation/contribution claims against those third parties that are ultimately liable.
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