Construction Law and Litigation

Our attorneys have attended to their construction clients’ needs including drafting contracts, litigating construction claims, prosecution of mechanics liens, identifying and negotiating scope of work disputes including change orders, calculating and litigating delay and acceleration claims, design defect claims as well as environmental issues such as mold, asbestos and mercury claims for almost a quarter-century. The construction litigation group is led by Mike Ogborn. He and the construction litigation team have represented general contractors, subcontractors, material suppliers as well as associations and individuals in construction defect claims. The team is cost conscious, but remain aggressive advocates on behalf of the clients. The lawyers’ breadth of experience in the construction industry will benefit you in your construction-related case.


The contract is the law that governs the project. As such, it is extremely important and it is essential that the contract provide the appropriate protection needed by each party to control known and unknown risks. The construction lawyers at OMQ have spent considerable time drafting contracts that are specific to our client’s needs. Those contracts are anywhere from two pages to seventy-five pages long depending on the scope of the project and the needs of the client. On almost a weekly basis, clients ask Mike Ogborn and Mike Cross to review and comment on proposed contracts for upcoming projects. Whether it is a contract review or the drafting of a new contract, both Mike Ogborn and Mike Cross can advise and assist you in managing your potential risks.


If you do the work, you deserve to be paid. If the work is not done or not done well, then full payment is not warranted. The construction litigation lawyers of OMQ have negotiated and litigated on both sides of this argument. Monetary relief related to construction claims can take the form of mechanics lien, a bond claim, a verified statement of claim, notice of disperser, or a breach of contract claim. Construction litigation attorneys at OMQ are very familiar with all of these tools and can assist you with your claim.


Changes occur in construction projects. Whether it is an alteration of the scope of work or a change in site conditions the construction litigation attorneys at OMQ work with our clients to ensure their contract puts them in the best position to seek compensation for the changes.


For the property owner, there is nothing more frustrating than living through a construction project only to realize near the end that bad material or workmanship have created an issue that will require further demolition or additional construction. The construction litigation attorneys of OMQ have represented individuals as well as homeowner associations to help prosecute construction defect claims. Defect claims are often complicated and involved numerous parties. These are not the type of claims that property owners should become involved in without the assistance of legal counsel.

As a subcontractor or material provider the receipt of a notice of claim is a gut wrenching and potentially business threatening situation. The construction litigation attorneys at OMQ have extensive experience in representing subcontractors or materialmen who have been named in defect litigation. Unfortunately, the trend has been to cast a wide net once a defect claim has been tendered by a property owner. The general contractor would rather include everyone, regardless of what the scope of work was, so that there are numerous pockets to help pay for the defects. The key to hiring a lawyer is to make sure that law firm is cost-conscious while pursuing your rights aggressively. We can certainly help you in this endeavor, please call us with questions or concerns.