Hawkins Parnell & Young, LLP represents clients in all areas of the construction industry, providing sound advice throughout the construction process.
The construction practice group has extensive experience representing clients in all areas of the construction industry including public and private owners, developers, general contractors, subcontractors, construction managers, design professionals, suppliers and sureties.
Our lawyers provide sound advice to clients in all phases of the construction process through project delivery, including contract formation and administration, contract performance, project monitoring and close-out.
Lawyers in the construction practice group understand deal structure and other construction issues including public and private partnerships, joint ventures and entity structures, women and minority participation requirements and related issues. With experience working directly for owners, developers and contractors, our lawyers have the knowledge, skills and business acumen to deliver industry-specific legal services to construction clients.
Additionally, our lawyers are skilled in early and alternative dispute resolution to efficiently resolve construction and design disputes. When disputes cannot be resolved, our lawyers vigorously defend the client’s interests in arbitration or litigation. Lawyers in the construction practice group have significant experience in bringing complex, multi-party and high exposure construction matters to a favorable conclusion.
HPY has successfully represented clients in numerous projects including:
- Commercial High Rise Buildings
- Multi-Family Buildings
- College and University Facilities
- Apartment Complexes
- Government Centers
- Retaining Walls
- Athletic Venues
- K-12 Schools Facilities
- Parking Decks
- Retail Facilities
Our lawyers have handled a wide range of construction-related issues including:
- Negligent Design Claims
- Engineering Design Claims
- Structural Failure Claims
- Building Products Class Actions
- Complex Construction Defect
- Delay Claims and Extra Work Claims
- Water Intrusion
- Payment and Performance Disputes
- Breach of Contract
- Breach of Warranty
- Mold and Pollution
- Unsuitable Soils
- Brownfield and CERCLA Hazardous Substances
- Condominium Association Claims
- Extra Work Claims
Favorable resolution of parking deck collapse claims against structural engineer:
HPY defended a structural engineer in a large, commercial parking deck collapse case. The cost to repair the deck exceeded $7 million. The Plaintiff, the General Contractor, alleged professional engineering malpractice (negligent design), indemnification and breach of contract against our client. Five separate engineering companies investigated the collapse. The collapse was widely reported in the media in Atlanta and the case was the largest alleged negligent design case in the Northern District of Georgia at the time. We investigated the undisturbed site 2-weeks after the incident. We deposed all of the engineers who investigated the incident and other witnesses. We settled with the General Contractor for a fraction of its claim. HPY also represented the structural engineer in multiple other cases arising from the incident and favorably resolved all cases.
Representing the civil engineer in military base design-build road project:
HPY represents the civil engineer in a case involving the design of roads for tank carrying vehicles at a military base. The project was a design-build project for the U.S. Army Corps of Engineers at Fort Benning, Georgia. The Plaintiff alleged negligent misrepresentation against the civil engineer as a result of alleged negligent design of the military roads. This case involves complicated, heavy-duty military engineering principles. It was the largest alleged negligent design case in the Middle District of Georgia when filed. This case is pending in the Eleventh Circuit Court of Appeals.
Successfully defended geotechnical engineer in a $9 million unsuitable soils claim:
Successfully defended a geotechnical engineer against a developer who alleged $9 million in damages from unsuitable soils at the foundations of 5 buildings in a multi-family housing facility. The total cost of the apartment complex was $50 million. The Plaintiff alleged professional engineering malpractice and breach of contract against the geotechnical engineer. After conducting substantial engineering discovery, we settled the case for a fraction of the claim.
Won defense verdict in a legal malpractice trial with a negligent engineering design claim as the underlying action:
Successfully defended a law firm in a professional malpractice case in which the underlying claim was for professional design malpractice against a civil engineer. The Plaintiff alleged that the commercial HVAC system for a luxury condominium was negligently designed and the condominium association’s attorney should have timely sued the civil engineer who designed the commercial HVAC system. In order to defend the case, we had to defend the civil engineer’s work. At trial, the Plaintiff demanded $6 million. HPY won a defense verdict.
Won summary judgment for program manager in negligence claim brought by insurer:
Represented a program manager in a multi-million negligence and breach of contract school construction case brought by a contractor’s insurer. HPY won summary judgment on most claims and the court granted HPY’s motion to exclude the Plaintiff’s expert witnesses.
Successfully represented developer in high-rise condominium water intrusion class action:
Represented a developer in a $10 million construction class action by condominium homeowners in arbitration and litigation. HPY won summary judgment on class claims in the arbitration, which led to a favorable resolution of the individual claims in litigation.
Successfully defended design-builder in unsuitable soils claim:
Successfully represented the general contractor (design-builder) in construction defect case pertaining to 15 segmented block retaining walls on a municipal government facility in Atlanta, Georgia. The largest wall was 40 feet high and 400 feet long and designed to retain the soil of the school’s baseball field. The wall blew out during construction and had to be replaced. The municipal government claimed the retaining wall systems were not properly designed or built and were in danger of failure. It sought $6 million dollars in damages. Eight law firms were involved to represent the various parties, including our client’s subcontractors. After two years of complex litigation and cross-claims against, among others, the municipal government’s program manager and geotechnical engineer, we were able to resolve the claim favorably.
Won summary judgment in a wrongful death case alleging defective design and construction:
Won affirmance in Arizona Court of Appeals and Supreme Court for a design engineering firm, holding that the New Mexico Statute of Repose barred plaintiff’s claims because the “place of injury” for choice of law purposes was where the alleged exposure occurred not the state where the plaintiff was diagnosed years later.
Won summary judgment for multi-family housing owner in a mold class action by tenants:
Won summary judgment for the owner of a multi-family housing facility against an attempted class action by tenants for mold damages and injuries. Plaintiffs demanded $7.5 million before HPY won a denial of class status and summary judgment.
Successfully represented window manufacturer in condominium water intrusion case:
Represented a window manufacturer in a $5 million water intrusion claim by a condominium homeowners’ association. HPY settled the claims against the window manufacturer for less than $7,500.
Favorably resolved claims against general contractor by condominium homeowners:
Defended a General Contractor in a multi-million dollar lawsuit by condominium owners alleging various construction issues. HPY established that many claims were unsustainable and obtained a favorable resolution.
Prevailed against “habitability” class action by tenants against multi-family housing property manager:
Represented a national multi-family housing property manager in an attempted “habitability” class action lawsuit brought by tenants in federal court. The tenants moved the court to certify a class in the case. HPY successfully obtained an Order from the court denying class status.
Won summary judgment in a wrongful death case against a design, engineering, and construction company:
Represented a prominent design, engineering, and construction company in the USDC for the Northern District of Illinois in a wrongful death case. HPY was granted summary judgment based on sophisticated construction law and contract interpretation theories.
Articles and publications
- Consent-by-Registration Theory of General Jurisdiction Rejected in New York Post-Daimler
- How Settlement Credits Work: Indiana
- How High Court May Rule On The Bare-Metal Defense
- Who Goes on the Verdict Form: Is There Causative or Fault-based Apportionment in Indiana?
- How Settlement Credits Work: Washington
- How Settlement Credits Work: New Mexico
- Cautious Optimism Over the Increasingly Prevalent Alternative Fee Arrangements
- Perspectives on the Evolution of Indemnity for Construction Professionals
- How Settlement Credits Work: South Carolina
- The Last Hurrah for Last Clear Chance?
- Who Goes on the Verdict Form: Tinkering Toward Utopia Leads to Complexity in Connecticut
- Skeletons as Party Favors
- Damages: A View From the Defense Perspective
- Long-Arm Jurisdiction in Georgia
- Limitation of Expert Trial Testimony: Using California Evidence Code 721, as a Sword and Shield
- The Surrounding Circumstances Doctrine for Contract Construction
- Duty to Defend and Duty to Indemnify A Distinction with a Difference
- Motion Practice in Arbitration
- To Privity or Not to Privity: Principles to Guide the Design Professional
- The Eleventh Circuit Reaffirms Validity of Waiver of Consequential Damages Provisions in Contracts
- Who Goes on the Verdict Form: South Carolina Law Needs Clarification
- Beacon: Signaling a New Duty to Future Homeowners in California?
- Austin Bar Association: 14th Annual Ultimate Trial Notebook Seminar
- Claims and Litigation Management Alliance: 2018 Midwest Conference
- Defense Research Institute: 2018 Retail and Hospitality Litigation Seminar
- Medicare and Medicaid Liens in Personal Injury Cases
- Perrin Conferences: Do You Need ESP To Address MSP? Suggestions On Working With Medicare Advantage Organizations When Settling A Personal Injury Case
- Perrin Conferences: Do You Need ESP to Address MSP? Suggestions on Working with Medicare Advantage Organizations When Settling a Personal Injury Case
- Atlanta Claims Association: Annual Education Conference
- ALFA International: 2016 Construction Practice Group Seminar
- Perrin Conferences: 1st Annual National Construction Defect Conference
- Defense Research Institute: Asbestos Medicine 2014
- Defense Research Institute: Fire Science and Litigation 2014
- HPY Named to Honor Roll for Commercial Litigation by BTI Consulting Group
- Seventeen Selected to The Best Lawyers in America© 2019
- HPY Elects Eight New Partners
- Arizona Supreme Court Rules Employer Owed No Duty to Family Member Alleging Take-Home Toxic Exposure
- Seventeen Lawyers Selected to The Best Lawyers in America© 2018
- Defense Verdict in New Jersey Defect Septic System Trial
- Defense Verdict in Lightning Strike Fire Loss Subrogation Claim
- Sixteen Lawyers Selected to The Best Lawyers in America© 2017
- Texas Trial Lawyers Ranelle Meroney and Amy Welborn Join Austin Office
- Seventeen Lawyers Selected to The Best Lawyers in America© 2016
- Rob Gilbreath and Ed Slaughter Win Arizona Supreme Court Case Affirming Summary Judgment and Application of Foreign Law
- DRI Publishes Article by Edward Slaughter
- Ty Brown Wins Defense Verdict in Legal Malpractice Trial
- HPY Secures Supreme Court Victory in Arizona
- Anderson, Jr., Carl H.
- Bedinger, III, Frank C.
- Carter, Jason F.
- Ellis, Jr., Willie C.
- Lazzaroni, Teresa E.
- Sibley, Jack N.
- York, Peter R.
- Ege, Christopher C.
- Meroney, Ranelle M.
- Welborn, Amy C.
- Yetter, Taylor
- Young, Jenni L.
- Weglarz, Claire C.
- Abbot, Edward P.
- Gorman, Michael F.
- Lee, James Y.
- Sargente, Alfred J.
- Viola, Jr., Roy F.
- Fountain, Bill D.