CONSTRUCTION DISPUTES

Mr. Torkelson has served as counselor and commercial litigator representing clients involving construction and design disputes.  Representative construction matters includes the following:

Construction Arbitrations

Mr. Torkelson has served as a AAA arbitrator or as lead counsel in the following construction arbitrations:

  • Served as one of three AAA arbitrators involving office building tilt-up panel design and construction defect claims.
  • Served as AAA arbitrator involving breach of roofing contract claims
  • Arbitrated change order disputes following completion of airport expansion on Long Island, New York. 
  • Arbitrated claims involving defective design of air handling mechanical equipment in manufacturing plant
  • Arbitrated claims for defective construction of multi-family apartment complex.
  • Arbitrated drywall subcontractor’s claims for construction delay and interference damages
  • Arbitrated claims involving leaking roofs in multi-family apartment complex.

 

Construction Litigation

He served as lead counsel to resolve the following construction litigation disputes:

  • Replacement of defective terrazzo floors in newly constructed airport terminal building. Southwest Airlines Co. v. ACI Construction Services, Inc., et al.
  • Replacement of cracked concrete slabs on newly constructed aircraft apron. Southwest Airlines Co. v. Pav-Co Asphalt Inc., et al.
  • Dispute before Civilian Board of Contract Appeals arising out of construction of the Sam Rayburn Memorial Veterans Center in Bonham, Texas. Siemens Building Technologies, Inc. v. Department of Veterans Affairs
  • Dispute arising from construction of the University of Texas Southwest Medical Center Research Facility. Huber, Hunt, & Nichols, Inc. v. The University of Texas System, et al.
  • Defective survey on Trinity River Levee construction project. Mine Service, Inc. v. Geogram Corporation
  • Texas Government Bond claim asserted against surety by HVAC subcontractor. BR Metal Fabrication, Inc. v. Ed A. Wilson, Inc.
  • Monitored insurance defense concerning roof collapse on commercial bakery. Allendale Mutual Insurance Co. v. Specified Urethane Systems Co., Inc.
  • Stayed litigation pursuant to Federal Arbitration Act. THT Sales Co., Inc. v. Mott Metallurgical Corp.
  • Claims of negligent HVAC construction on hospital project. Shriners Hospital V. McCarthy Brothers Co., et al.
  • Delay claims against school district resulting from construction of two schools. Dal Mac Construction Co. v. Arlington Independent School District
  • Mediated office building construction dispute between general and subcontractor
  • Claims for breach of architectural services contract for design of jail. Theodore Prindle v. Jackson County
  • Claims involving automatic controls of HVAC building equipment. Dan McVey Mechanical Services, Inc. v. Novar Controls Corp.
  • Defective construction scaffolding. Tri-City Construction Co. v. Linclay Corp.
  • Claim for rescission of construction contract. Mercantile Bank v. Grant
  • Foreclosure of contractor’s mechanic lien rights against housing project owner. New Era Construction Co. v. Housing Authority of Sac and Fox Tribe of Iowa
  • As co-counsel, defended breach of painting subcontract claims involving Disney World luxury apartment project. MW Builders v. Proietto Painters
  • Foreclosure of mechanics’ lien involving construction of sports facility. Country Club Bank v. Warnick
  • Lender liability claims involving electrical contract on military airbase. General Electric Supply Co. v. Native American Financial
  • Construction defect claims asserted against real estate developer. Abrams v. Four Seasons Resort
  • Co-counsel for completing surety to recover construction contract proceeds. Fireman’s Fund v. Boatman’s Bank
  • Foreclosure of subcontractor’s mechanic lien. G&H Foods v. Reddy Electric
  • Performance bond claim involving construction of wastewater treatment facility. Leath & Sons Construction Co. v. Bartlett Construction Co.
  • Claims for breach of tenant finish contract. Cramer v. TSA
  • Lender liability claims brought by real estate developer in bankruptcy court. In re: Farley Building
  • Claims of negligent roof construction on state fish hatchery facility. State of Kansas v. Garney Construction Co.