Partners Wayne Gordon and James Bertsch, along with associates Marc Tolliver and Tim Smith, were recently retained to represent an excavating subcontractor on two separate suits brought by numerous homeowners along the recently completed LBJ Expansion Project. One suit involves over 150 plaintiffs and the other over 75 plaintiffs and both suits allege that the property of each owner has been damaged and property value decreased as a result of the work by numerous general contractors and subcontractors. The numerous plaintiffs each allege structural damage and noise pollution during construction and seek unspecified damages as a result. The suit alleges numerous liability theories, including nuisance, negligence, and trespass and will involve some unique opportunities for limiting or expanding these liability theories, as well as testing of some long-standing defenses such as statute of limitations, economic loss rule, and governmental immunity.
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