Litigation - Russell & Mallett, LLP

Construction Defect

Russell & Mallett, LLP has extensive experience in construction defect litigation. We offer a common sense approach to construction defect claims; never spend a dollar to recover a dollar. Litigation is a tool to be used in the appropriate circumstance; it should not be the only tool. We have successfully negotiated repairs with builders, avoiding litigation and generating a larger recovery for our clients.

Governing Document Enforcement

Russell & Mallett, LLP assists its clients in enforcing their governing documents against owners unwilling to “follow the rules”. Over the years we developed a number of unique approaches that both met our clients’ enforcement needs resulting in expedited resolution.

Corporate & Enforcement Litigation

Russell & Mallett, LLP defends CIDs in lawsuits and governmental claims (for example, California Department of Fair Employment and Housing). Defending CIDs can be challenging. Often CIDs need as much help with their insurers as with the adverse party. We have successfully worked with the insurer and defended against adverse parties in even the most difficult circumstances.

Defense of Third Party Lawsuits

Russell & Mallett, LLP has extensive experience defending CIDs against third party lawsuits including:

Primary Defense Counsel: Appropriate when no insurance is available.
Cumis Counsel: Recommended when the insurer and its appointed counsel have a conflict with the interests of the CID.
Associated Counsel: When the insurer believes corporate issues can be more cost effectively addressed by Russell & Mallett, LLP in association with appointed defense counsel. Often Russell & Mallett, LLP, in the role of monitoring the work of appointed defense counsel, makes certain the specific needs of the CID are fully addressed by the insurer and/or appointed defense counsel at the time of litigation and beyond.

We monitor appointed defense counsel to protect the CID’s interests as opposed to the insurance companies and their appointed counsel protecting their own interests.

Contract Enforcement

Russell & Mallett, LLP assists clients with interpretation and enforcement of contracts.