Strategic Defense and Trial Advocacy for Architects and Engineers

Claims are a reality for design professionals in the construction industry. Every project is different, every claim is different, and every client is different. We approach each new matter with an open mind, drawing on our decades of experience in the construction industry to identify a tailored strategy for each situation.

At our core, we are trial lawyers. We understand the dedication necessary to develop a case through the discovery process. We understand the planning that goes into an effective deposition. We understand the preparation necessary to be effective at trial. We understand how to simplify the design and construction industry for a jury.

We also understand that not every client is looking for vindication in a courtroom. We begin every engagement seeking to understand how our client defines success, so that we may vigorously pursue that objective.

Protecting Design Professionals in High-Stakes Litigation

Design professionals and their professional liability insurance carriers depend upon actionable evaluations of liability exposure in a claim scenario. Our experience working exclusively for design professionals and their insurers uniquely equips us to provide exposure analyses accounting for the industry-specific risks faced by design professionals in a cost-efficient manner.

We understand the industry, and the legal and evidentiary nuances that judges, juries and arbitrators find most persuasive, when determining whether a design professional is responsible for the damages claimed. Our focused practice allows us to determine the suitability of nuanced defenses to a particular set of facts and project record, and to develop a litigation master plan for deploying those defenses effectively.

Representative Matters

The Lee/Shoemaker PLLC team advocated and provided strategic counsel to architects and engineers when their professional reputations are on the line in the following representative matters:

Accessibility

  • Defended national architecture firm against claims in excess of $4 million related to accessibility of courthouse project
  • Counseled architecture firm on alleged FHA violations by the U.S. Department of Justice regarding six multifamily projects to avoid claims
  • Counseled civil engineering firm regarding accessibility concerns related to vehicular charging station addition to shopping center
  • Counseled civil engineering firm regarding accessibility concerns raised related to boating dock facilities
  • Counseled civil engineering firm on claims in excess of $2 million related to accessible paths on multiple multifamility projects for a common developer

Commercial

  • Won summary judgement in favor of MEP engineering firm on claims in excess of $30 million involving cannabis grow facility project
  • Won summary judgment in favor of civil engineering firm on claims in excess of $8 million related to retaining wall failure at distribution facility project
  • Won partial summary judgment in favor of engineering firm on claims in excess of $5 million related to property condition assessment based on limitation of liability and choice of law provisions
  • Counseled international architecture firm against alleged delays and cost-overruns in excess of $50 million on office renovation project to avoid claims
  • Defended architecture firm against claims in excess of $3 million on shopping center renovation project

Community Facilities

  • Won complete defense verdict at trial for architecture firm on claims in excess of $14 million involving a public pool project
  • Won favorable arbitration award for architecture firm on $16 million in claims involving a museum project on which there were alleged issues with exterior cladding details on two different buildings
  • Defended national architecture firm against delay claims and cost-overrun claims in excess of $10 million on a university athletic facility project
  • Counseled fire protection engineering firm related to alleged fire code issues at live music venue to avoid claims
  • Counseled lighting consultant related to alleged cost-overruns in excess of $1 million involving convention center project
  • Counseled national architecture firm against claims of cost-overruns on a city hall and police headquarters project
  • Counseled architecture firm related to water infiltration claims on an athletic facility project

Copyright

  • Won dismissal of copyright infringement claim against architecture firm involving a public museum project in Washington, DC
  • Defended architecture firm in copyright infringement action brought by losing design-build bidder on public convocation center project
  • Defended architecture firm in copyright infringement claim brought by replaced subconsultant MEP engineer related to multi-family project
  • Defended architecture firm in copyright infringement claim brought by replaced architect firm on multi-million residential project

Educational Facilities

  • Defended architecture firm on $2 million in claims related to alleged code violations on preschool project
  • Counseled architecture firm and MEP engineering firm against a county education board’s HVAC design claim on a high school renovation project
  • Counseled architecture firm against claims in excess of $5 million related to dormitory renovation project
  • Counseled structural engineering firm related college auditorium roof collapse
  • Counseled design team related to delay claims on elementary school project

Healthcare/Medical

  • Won preliminary dismissal in favor of structural engineering firm and individual engineer on claims in excess of $10 million related to tunnel collapse at hospital project
  • Defended structural engineering firm related to claims in excess of $50 million related to a hospital project
  • Defended third-party inspection firm against claims in excess of $5 million on a hospital expansion project that experienced a post-occupancy structural failure
  • Defended architecture firm against cost-overrun claims on a design-build hospital expansion project
  • Defended mechanical engineering firm related to claims related to performance issues with mechanical equipment installed in surgical facility

Hospitality

  • Won summary judgment in favor of architecture firm on $10+ million claims related to a high-profile hotel project in Washington, DC, a result affirmed on appeal following successful advocacy before the DC Circuit Court of Appeals
  • Won preliminary dismissal in favor of architecture firm on $1.5 million in claims related to water infiltration on hotel project in Baltimore, Maryland, a result affirmed on appeal following successful advocacy before the Appellate Court of Maryland
  • Defended owner’s representative firm related to $30 million in claims on resort renovation project in the Caribbean
  • Defended architecture firm related to $20 million in claims on a hotel and casino project
  • Defended interior design firm related to $2 million in claims involving mold growth on a hotel project

Infrastructure/Industrial

  • Represented dry utility engineering firm in arbitration on fiberoptics project, defending against claims in excess of $11.7 million and prosecuting fee claims in excess of $4.5 million, following denial of coverage by professional liability carrier
  • Defended engineering firm against claims in excess of $2.6 million related to alleged cost overruns on a design-build bridge replacement project
  • Defended engineering firm against claims of $10 million related to development of land for coal mining operations
  • Represented national engineering firm pursuing claims in excess of $15 million and defending against claims in excess of $20 million related to a design-build railway and transportation project
  • Defended engineering firm against claims in excess of $10 million on chemical facility upgrade project
  • Defended engineering firm on against claims in excess of $10 million on pier restoration project
  • Represented engineering firm in relation to airport expansion project, advising related to significant fee claim and alleged survey errors

Multi-Family

  • Won complete defense verdict in favor of architecture firm on $2 million in claims related to an apartment renovation project at arbitration, and recovered improperly withheld fees due to architecture firm
  • Defended third-party inspection firm against claims in excess of $30 million involving a condominium project on which there were alleged fire code violations
  • Obtained voluntary dismissal of claims against architecture firm involving parking garage collapse at iconic Washington, DC landmark
  • Defended architecture firm against claims in excess of $10 million involving a structural issue discovered post-occupancy
  • Defended engineering firm against claims in excess of $3 million involving a luxury condominium project with alleged HVAC issues
  • Defended architecture firm against claims initiated by condominium association related to exterior cladding on several multifamily buildings

Non-Competition

  • Won preliminary injunction for engineering firm prosecuting claims against former shareholder who violated restrictive covenants in shareholders agreement by soliciting employees and clients of engineering firm
  • Won preliminary injunction for engineering firm prosecuting claims against former management employees hired by an out-of-market competitor to open a new branch office in violation of restrictive covenants agreed to by former management employees
  • Won preliminary injunction for landscape architecture firm prosecuting claims against former shareholder to enforce restrictive covenants
  • Prosecuted claims by engineering firm against former shareholder who violated restrictive covenants by performing services for clients of engineering firm

Personal Injury/Wrongful Death

  • Won complete defense verdict at jury trial in favor of engineering firm on $25 million wrongful death claim
  • Won preliminary dismissal for civil engineering firm on $100+ million in wrongful death and survivor claims based on statute of repose
  • Won summary judgment for engineering firm on personal injury claims brought by pedestrian related to design of sidewalks
  • Defended national engineering firm against personal injury claims in excess of $3.5 million related to railing failure on stadium project
  • Defended engineering firm against personal injury claims in excess of $2.6 million related to industrial equipment injury
  • Defended civil engineering firm related to multiple fatality accident on state highway project

Religious

  • Defended civil engineering firm against claims in excess of $3 million brought by international religious organization related to development of site plan for religious retreat
  • Defended civil engineering firm on claims brought by church related to stormwater management facilities which failed to perform in the manner represented by manufacturer
  • Counseled architecture firm on claims brought by prominent church related to mechanical design of recreational facility
  • Counseled surveying firm on claims brought by prominent church related to campus development project

Residential

  • Won favorable defense verdict at jury trial in favor of engineering firm on claims in excess of $1 million related to the acquisition of a site for development of residence
  • Won directed verdict at jury trial on behalf of design-builder on claims covered by professional liability insurance policy
  • Defended architecture firm on claims in excess of $10 million brought by homeowner related to services performed for homeowners association
  • Defended civil engineering firm against $10 million claims related to erosion control and water-related issues involving residential community
  • Defended utility locator against $2 million in subrogation claims resulting from alleged inaccuracy in location of underground utilities
  • Counseled architecture firm related water infiltration issue on residential project to avoid claims

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