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James R. Case

Member

Construction litigation can be a costly drain on resources and a document-heavy, analysis-intensive ordeal for all parties involved.

Jim Case’s clients know he will jump as high as they tell him (within ethical boundaries, of course) to do battle with the other side, but the higher the bar, the greater the expense. That’s why clients depend on him to find the quickest ways to resolve matters and deliver the most favorable results.

Jim represents design professionals, general contractors, subcontractors, owners, and suppliers in various construction-related issues, including damages for delay, differing site conditions, construction change directives, owner interference, design errors and omissions, payment disputes, and contract interpretation. He also advises and advocates for sureties involved in defaults, claims against performance, payment bonds, and litigation.

Jim is a true litigator who possesses actual trial experience and a command of ADR techniques.

No matter the dispute, his approach is to confer with the client, attempt to pinpoint the problem, ascertain the client’s legal position and practical implications, play the role of devil’s advocate, and devise and implement a strategy to achieve the desired outcome.

Getting to the finish line in a construction lawsuit is a complicated journey. Whenever possible, Jim recommends his clients use mediation or other dispute resolution techniques in an attempt to limit the scope of far-reaching discovery and settle disagreements in far less time and cost than trying a case to a verdict.

The local construction industry is small, so restoring parties’ working relationships can be a successful result in itself. The circle of construction lawyers is even smaller, and because of the camaraderie and collegiality Jim fosters within that group, it is not uncommon for opposing counsel and parties in one matter to contact him about representation in later cases.

Highly respected by his peers for his judgment and perspective, Jim frequently serves as a mediator and arbitrator in construction cases. His litigation experience has undoubtedly made him a more effective neutral, and his work as a mediator and arbitrator has made him a better litigator, helping him hone his listening skills in particular.

“ The construction business is hard, and people throughout the industry take what they do very personally. Challenges to their decisions and workmanship hit close to home. I genuinely care about my clients, and I make the unpleasantness of litigation as pleasant as I can. ”
    • St. John's University School of Law, J.D., with honors, 1980
    • Colgate University, B.A., 1977

  • Bar Admissions

    • Michigan

  • Court Admissions

    • U.S. District Court, Eastern District of Michigan
    • U.S. District Court, Western District of Michigan
    • U.S. Court of Appeals, 6th Circuit
    • U.S. Supreme Court

    • Recognized in The Best Lawyers in America® for Construction Law, 2020-Present. Copyright 2015 by Woodward/White, Inc., Aiken, SC

    • Recognized in Michigan Super Lawyers® for Construction Litigation: Business; Surety Law, 2019-Present
    • State Bar of Michigan
    • Detroit Metropolitan Bar Association

    • American Bar Association, Forum on the Construction Industry, Tort and Insurance Practice Section, Fidelity and Surety Law Committee

    • Surety and Fidelity Claims Institute
    • National Bond Claims Association

    • International Association of Defense Counsel, Construction Law and Litigation Committee, Fidelity and Surety Committee

    • American Arbitration Association, National Roster of Arbitrators and Mediators, Member, Large, Complex Case Panel, Member

    • Michigan Seniors Golf Association
    • Country Club of Detroit

Contact

Detroit313-568-6507

Areas of client focus

Industries

Construction

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