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CONSTRUCTION & REAL ESTATE LITIGATION
Skelton & Woody's extensive
construction litigation practice
ranges from cases concerning
large office buildings to
shopping center developments to
residences. In 2006, we
concluded major litigation
involving defective construction
claims regarding three office
buildings. Our clients were
pleased with the confidential
results, which involved
settlements with contractors,
subcontractors and other
professionals, then separate
settlements with the owners'
property insurers.
Our familiarity with issues
common to this kind of
litigation, as well as the
architects, engineering firms
and contractors involved in this
type of dispute (both as parties
and as experts), allows us to
pass on to our clients cost
savings. We do not need to
"reinvent the wheel" on such
cases, but have discovery
requests, research,
relationships with experts and
expertise that can be adapted to
new matters as they come in.
Moreover, our familiarity with
insurance coverage law gives us
the added advantage of assisting
our clients in their efforts to
obtain both property and
liability coverage for losses or
lawsuits, and in negotiating
with insurers for opposing
parties. We would be pleased to
provide references from our
clients.
The firm currently represents an insurer in complex litigation relating to defective construction of commercial structures in Hawaii, as well as the interests of a policyholder (a century-old family-owned construction firm in San Antonio) against an AIG entity. Another recent example of our work in this area involved the coverage
aspects of a complicated
multi-party case involving
construction defects in the
Heart Hospital of Austin, which
was resolved in early 2005. We
also represent partners under
joint venture agreements in
litigation relating to
development projects, as well as
litigants involved in a variety
of commercial lease disputes. In 2004, we filed a declaratory
judgment suit on behalf of a
beloved Austin live music venue,
The Backyard, to block "big box"
retail developers from Dallas
from effectively closing down
the venue by encroaching on its
leased parking space. A
favorable resolution was reached
and The Backyard
continued its operations until opening an expanded venue nearby in 2010.
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