$0billion

 

Construction Experience 

 

 
$0million

 

Resolved Litigation Claims 

 

 
0%

 

Results Oriented 

 

 

Construction Law

Construction is governed by laws, regulations, and rules that apply to the design, construction, and maintenance of buildings, structures, and infrastructure. Construction law is a complex and ever-changing field that involves both civil and criminal law which applies to all stakeholders, such as government agencies, owners, developers, lenders, architects, engineers, contractors, subcontractors, suppliers, and vendors.

Typical disputes that arise in construction include bid protests, bond and lien claims, constructive changes, construction defects, scope claims, defective design, design errors and omissions, product liability, environmental claims, differing site condition claims, liquidated damage claims, rejection of work, inefficiency – disruption – productivity claims, cost accounting and cost overruns, schedule acceleration and delay claims, request for equitable adjustment, insurance claims, records retention, performance and warranty,  workers compensation claims, surety claims, payment issues, terminations for convenience and default, statutory claims, safety and health, jobsite injuries or construction accidents, automobile and 18-wheeler accidents, torts such as negligence and strict liability, OSHA and labor law – regulatory compliance issues, and employment law claims. Resolution of disputes require specialized knowledge and expertise, as well as an understanding of the construction industry.

Phil being a Certified Construction Manager, Certified Civil Mediator, Attorney and Counselor at Law has been through your situation from early planning stages, construction through completion and maintenance of both private and public construction law matters, and is 100% results oriented. Get Phil’s specialized knowledge and expertise to work for you.

Claims Avoidance

Claims avoidance refers to the strategies and practices that are used to minimize the likelihood of disputes or legal claims through proactive actions. Claims avoidance involves drafting custom contracts, or reviewing and updating standard form contracts using careful contract drafting to include specific contract language allocating the risks to the party who can control it, clearly define the roles and responsibilities for certain aspects of the project to ensure that everyone is aware of their obligations such as indemnification and hold harmless provisions, implementing safety measures to identify potential hazards and prevent accidents or injuries on the job site, having proper insurance in place to protect against potential losses, and providing training to project teams on how to identify and mitigate risks. This way the parties involved can address any issues that may arise before they escalate into formal claims.

Phil provides custom contracts written for your specific needs conforming to all applicable laws based on his well-proven contractual provisions and forms litigated in multiple jurisdictions including Michigan and Texas.

Effective claims avoidance can help to minimize the potential for construction delays, cost overruns, financial losses, and legal disputes, which can quickly become costly and time-consuming for all parties involved and can damage reputations.

Phil specializes in avoiding construction claims, utilizing his hands-on day-to-day experience gained by working on over $1 billion in construction projects in Michigan, Texas, and Virginia. Consult with Phil.

Insurance Law

Insurance is governed by laws and regulations designed to protect policyholders and ensure that insurance companies are financially stable and able to meet their obligations to policyholders. Typical insurance that applies to construction are general liability, automobile liability, property⸺real (buildings) and business personal property (contents), contractors equipment, builder’s risk, professional liability, pollution liability, executive risk⸺directors & officers, employment practices, fiduciary liability, and third-party liability, and crime⸺theft, forgery and specified fraud.

Insurance law, generally ensures that insurance policies are written and administered in a fair and transparent manner, and to protect policyholders from fraud and other abuses by insurers. Insurance law also regulates the claims process, including the investigation, adjustment, and resolution of claims. This includes laws related to the duty to defend and the duty to indemnify, which are obligations of the insurer to defend the insured against third-party claims and to pay for any damages that may be awarded.

Insurance disputes can arise from a variety of issues, such as coverage disputes, claims handling disputes, and disputes over policy terms and conditions.

Phil has investigated and resolved large, complex insurance claims with his expertise in law, management, engineering, contracts and construction. Insurance litigation can be complex and time-consuming, and it is important for the parties involved to have a thorough understanding of the applicable laws, regulations, and legal procedures. Get Phil’s expertise.

Litigation

Litigation is the process of resolving legal disputes through the court system. The litigation process typically includes several stages: the filing of a complaint and service of a summons on the defendant; the defendant’s response, which may include an answer or a motion to transfer the venue or dismiss the complaint; followed by the discovery process, during which the parties gather evidence and information from each other; the filing of pre-trial motions, such as motions for summary judgment; the trial, during which both parties present evidence and argue their case in front of a judge or jury; and the post-trial proceedings, which may include appeals.

The outcome of litigation can be a settlement, a judgment in favor of one of the parties, or a dismissal of the case. The judgment can be monetary compensation, an order for one party to do or refrain from doing something or a declaratory judgment.

It is important to have an experienced attorney who practices in the relevant area of law to provide you with valuable guidance and representation throughout the litigation process, helping you understand your rights and options, advise you on the strengths and weaknesses of your case, and develop a strategy for resolving the dispute.

Some of Phil’s recent results since 2015 as lead solo trial counsel or as managing counsel include litigating and resolving escalated claims of more than $100 million in civil cases, through alternate dispute resolution, bench and jury trials, and appeals, and getting multiple criminal cases dismissed. Get Phil to represent you.

About Philips Jacob Vallakalil aka Phil Jacob, CCM, Esq.

Phil has resolved large, complex construction claims with his expertise in law, management, engineering, contracts and construction. He has construction program management experience involving government and private construction and maintenance contracts, with excellent knowledge of construction processes involving all project delivery methods, and its applicable laws. Having managed large infrastructure projects including airports, water and wastewater, petrochemical refineries, liquefied petroleum gas, compressed natural gas, power plants, as well as offshore oil platforms and marine facilities, Phil specializes in avoiding and resolving construction claims utilizing his hands-on day-to-day experience gained by working on over $1 billion in construction projects in Michigan, Texas and Virginia.

Phil strives for excellence in avoiding and efficiently resolving disputes.

Although Phil specializes in construction-related law, Phil’s law practice areas include commercial, construction, contract, criminal, employment, ERISA, energy, environmental, OSHA, government, immigration, insurance, labor (EEOC, FLSA, FMLA, COBRA, etc.), personal injury, product liability, real estate, surety, utilities, and workers’ compensation, amongst others. Phil has avoided and resolved multiple concurrent complex claims in Arkansas, Colorado, Georgia, Illinois, Iowa, Kansas, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, Texas, Virginia, and Wyoming, including high-profile cases.

Licensed in Texas and Michigan.

Courts of Admittance: All Texas State Courts, All Michigan State Courts, US Supreme Court, Fifth Court of Appeals, Texas Northern District Court, Texas Western District Court, Pro Hac Vice in Multiple States.

How Can I Help You?

With a background in construction program management, engineering, and having litigated large and complex heavy civil construction claims including high profile cases, I have produced near perfect results.

While every case is unique and no lawyer can honestly or ethically guarantee outcomes, some of my recent results since 2015 as lead solo trial counsel or as managing counsel include litigating and resolving escalated claims of more than $100 million in civil cases, through alternate dispute resolution, bench and jury trials, and appeals, and getting multiple criminal cases dismissed.

Frequently Asked Questions:

  • How will a client expect to feel working with you?

    Easy to communicate with, timely responses. Keep the client abreast of the matters that are important for the client. Clients have appreciated seeking their input for those important decisions.

  • How can a client check on progress?

    Via telephone call or email.

  • How can a client begin the process?

    First contact via email.

Accolades

TESTIMONIALS
    

Philips, I just wanted to thank you for your service to the Court. It was a pleasure having you on our team.
Honorable Eric W. Cholack, 3rd Circuit Court Judge, Michigan
    

"On time and under budget . . . this project was truly a success!"
Declared Senator Debbie Stabenow as she joined Senator Carl Levin, U.S. Congress, State of Michigan
    

Philips has always been straight forward and honest with us as long as we have known him, his work and dedication is stellar, would recommend Philips as a good choice to deal with.
J.S., Minnesota
    

Having worked with you for many years Phil I will answer the question as follows, I believe you to be an honest professional in your dealings with others, punctual, timely and very hardworking, I have never known you to miss a deadline or even a phone call without prior conversation of same.
L.W., Texas
    

Congratulations on the fantastic results, Phil. While it certainly took awhile, you were able to finally get the correct result in this matter, and the solutions you proposed I think are beneficial in the long run for [client]. I look forward to working with again in the near future on other cases.
C.E., Texas (Co-counsel)
    

Overall, you are truly a pleasure to work with. You take a collaborative and hands on approach which is appreciated. Regular communication and investment in matters make it more enjoyable and rewarding for me and the rest of my team. You are good fit for us, as most of our long time clients take a hands on approach as well. In that same respect, your input is certainly of high quality and knowledgeable. From a feedback perspective, my response is consistent. Given that you are noticeably invested in the matters, you are always reachable and timely in providing information. We are hopeful for continue success working with you and thank you for the opportunities to work with you thus far.
C.W., Texas (Co-counsel)
    

Putting to rest the workers’ compensation claim, the OSHA claim, and potential personal injury claim – what trifecta! Congratulations.
P.P., Texas (Co-counsel)
    

You were invaluable given the background information needed to address the claims. This was a very difficult case given the discovery issues. Despite that, you were effective in helping to bring about a favorable settlement. Extremely timely. I felt like there was a lot of collaboration in addressing some difficult issues and developing the appropriate strategy for resolving the case. That is always a good thing.
C.S., Kansas (Co-counsel)
    

We all worked pretty well together to try to undo a bad decision by the trial judge, and we were successful in that result. You showed patience and determination in seeing the appeal through, which turned out to be the right move. You were always responsive any time we needed anything.
T.D., Kansas (Co-counsel)
    

I see you as an essential part in all the cases that we worked with you. We can always count on you for good ideas, input, and responsive, timely help. You are reasonable in your expectations and thorough in your responsiveness. Your suggestions are always well-thought out. I think you have been and are highly effective. You have always been impeccable in terms of providing timely help when needed.
J.D., Texas (Co-counsel)
    

I think most people think Phil is a good lawyer and very knowledgeable and helpful. I’d also add that we believe he is very good at negotiating things to resolution when considering his clients needs/ concerns but also taking into account the other sides positions.
A.L., Texas
    

I’ve worked with Philips Vallakalil, CCM, Esq. for nearly nine years. Throughout his employment as General Counsel for our company, we’ve worked together on various issues and projects. I have found Philips to be straight-forward and honest. He is dedicated to his work, and I can rely upon his advice and research. He is also personable, remains calm and good-humored. I enjoy working with him.
J.W., Minnesota
    

Phil, I believe you are a very competent and professional attorney. Very organized and thorough. You have always been very responsive, and have provided valuable contributions in our business dealings. You have operated with honesty and integrity in all the time that we have worked together.
D.D., Texas
    

Mr. Vallakalil has been nothing short of how an attorney should perform and explain circumstances during the litigation process. He explained all aspects of the litigation and always informed when us when changes occurred and how we should move forward, explained what it may cost to continue and was very honest. Unfortunately, most experiences with other attorneys has not been for the client's best interest in the past.
J.L., Minnesota
    

I enjoyed working with you on this case. It has been a pleasure working with such a fine practitioner and a gentleman. Looking forward to working with you again soon.
W.B., Virginia (Co-counsel)
    

Because of Phil being open minded, it was very easy to work with him.
L.W., Michigan
    

Phil is very professional; considers client's needs; addresses all of our concerns.
D.G., Michigan
    

You were a pleasure to work with. Your team was very strong from a quality standpoint and your responsiveness was timely and appropriate.
B.M., Iowa (Co-counsel)

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