Construction Litigation Associate

Construction Litigation Associate

Seeking a Construction Litigation Associate to join a busy litigation team representing owners, general contractors, subcontractors, sureties and insurers in complex construction disputes. The ideal candidate will manage matters from initial intake through alternative dispute resolution and trial, advising clients on contract interpretation, claims strategy and risk mitigation while coordinating expert witnesses, forensic schedule analysis, and discovery. This role requires deep knowledge of construction contracts, surety bond claims, public works procurement and both litigation and ADR processes.

Key Responsibilities

• Manage a litigation docket of construction matters from intake through resolution, including planning strategy, client counseling and case budgeting.
• Draft and prosecute pleadings, motions, discovery requests and responses, and manage e-discovery platforms and workflows.
• Conduct and defend depositions; prepare witnesses and coordinate deposition strategy with clients and experts.
• Coordinate and retain expert witnesses (forensic schedulers, cost estimators, engineers) and manage expert discovery, reports and testimony.
• Analyze and litigate claims involving surety bonds, Miller Act claims, mechanic's liens and bid protests.
• Evaluate, prepare and litigate delay, disruption, acceleration and change order claims using forensic schedule analysis and CPM schedule review.
• Handle insurance coverage, subrogation and indemnity issues; pursue or defend coverage litigation and coordinate coverage/defense strategy with carriers.
• Advise on contract drafting, negotiation and interpretation for AIA contracts, design-build and design-bid-build project delivery methods, including indemnity and warranty provisions.
• Represent clients in mediation, arbitration and other alternative dispute resolution forums; prepare for and participate in hearings and trial.
• Prepare damage calculations, cost estimating analyses and demonstratives for settlement, mediation and trial.
• Advise clients on compliance with regulatory and building code requirements, OSHA and safety regulations, and public works procurement rules.
• Lead discovery and motion practice, prepare trial notebooks, exhibits, witness lists and trial outlines; assist with courtroom advocacy and trial presentations.
• Collaborate with project managers, estimators and technical staff to evaluate claims, preserve evidence and develop litigation strategies.
• Supervise and mentor junior attorneys and paralegals, manage document review teams and support business development and client relations activities.

Qualifications

• Juris Doctor from an accredited law school and active bar membership in at least one state.
• 3+ to 6+ years of litigation experience, with at least several years focused on construction litigation (range can be adjusted based on firm level).
• Demonstrated experience with surety bond claims, Miller Act claims, mechanic's liens, bid protests and public works procurement matters.
• Proven proficiency in handling delay, disruption, change order and acceleration claims and working with forensic schedule analysis and CPM scheduling experts.
• Experience with AIA contracts, design-build and design-bid-build contracts, contract drafting and negotiation, and contract interpretation.
• Familiarity with insurance coverage analysis, subrogation, indemnity and warranty provisions and coordinating with carriers.
• Strong motion practice, discovery, e-discovery, deposition, trial preparation and courtroom advocacy skills.
• Track record representing clients in mediation, arbitration and other ADR forums.
• Competence in damages calculation, cost estimating fundamentals or experience working closely with cost estimators.
• Excellent written and oral advocacy, legal research and client counseling skills; strong project and case management capabilities.
• Ability to work collaboratively with technical experts, construction professionals and cross-functional teams; willingness to visit job sites as needed.
• Comfortable supervising junior staff and managing document review and discovery workflows; demonstrated organizational and leadership abilities.
• Familiarity with OSHA and safety regulations, building code compliance, and risk management practices preferred.

For this position you must be currently authorized to work in the United States. We do not sponsor for this position.