Private Construction Contracts

Our private construction clients include contractors, subcontractors, suppliers, owners, developers and other industry participants.  Our attorneys have experience with all areas of private construction projects, including mechanics lien claims, insurance and surety issues,  delay and disruption claims, construction defects, job site injury, job close-out and payment disputes.

In addition to litigating construction disputes, Jacobson Markham is able to provide clients with transactional advice for all of their construction needs, including preparing and negotiating agreements for construction management and private and public construction projects.  Jacobson Markham is experienced in providing counseling to construction clients regarding pre-litigation claims and disputes to allow our clients to make informed decisions about their business.


Representative Matters


Jacobson Markham represented general contractor in a dispute when the owner withheld and refused to make final payment claiming the construction was defective. Won court trial where court entered judgment for the general contractor, including a penalty of 2% per month of the unpaid balance, plus court costs.

Payment Dispute

Successfully represented a world-wide food processor in a dispute that arose when a general contractor/tank supplier for the waste water pre-treatment portion of a processing facility failed to pay subcontractors and suppliers, leading to multiple mechanic’s lien actions.

Contract Dispute

Patrick Markham represented general contractor in a dispute with a subcontractor over claims for additional compensation due to alleged delays and disruptions. Successfully moved for summary judgment on the basis that subcontractor was untimely in submitting its claim. The court entered judgment of dismissal for the general contractor and against the subcontractor. Judgment affirmed in appeal.

Subdivision Sale and Contract Dispute

Jacobson Markham represented seller of three large subdivisions when sale failed due to inability of seller to timely satisfy sale contingency. Successfully settled two cases, and went to trial on third. After a two month jury trial, the jury returned a verdict favorable to the seller.