Construction

Representative Engagements

  • Represented contractor in a construction delay case focused on the construction of a parking lot at a major airport in Southern California. The case originally went to trial in 2001 and resulted in large judgment for the client. The judgment was appealed. The appeal dealt with two issues of great importance to the construction industry in California: (1) does an engineer have a duty or care to the contractor and (2) when does a contractor’s cause of action for damages accrue on a public works project.
  • Represented contractor in a construction defect case involving a sewer line. The City of San Diego brought suit against our client for alleged defective installation of joint welds that were to enable a continuous interior lining of the sewer pipe. The case was settled in 2005.
  • Representing a major developer in a case involving a flood control channel in Orange County. The design incorporated an innovative form of liner. The contractor sued for alleged excess costs stemming from a delay in obtaining a 404 permit from the Army Corps of Engineers. Our client has cross-complained, alleging that the channel was damaged through improper means and methods of construction. Many of the parties have settled but for those that remain the trial is set for early 2006.
  • Senior partner is mediating a matter involving a contractor and a large hospital and medical facility in Los Angeles. The dispute involves a millions of dollars and the mediator is working to broker a settlement satisfactory to both parties.
  • Representing an equipment manufacturer that was sued in state court based on environmental contamination allegedly caused by a company the client acquired, which had previously operated a manufacturing facility. The county involved is suing dozens of companies in a large State Superfund action for cost recovery based on contamination of many sites over a large portion of county land.
  • Successfully represented Black River Constructors, a joint venture, in mini-trial to decision of multiple claims arising from construction of housing at Fort Drum, N.Y.
  • Represented the contractor in litigation and a successful "mini-trial" of a $45 million differing site conditions claim under a contract to build a section of the Tennessee-Tombigbee Waterway for the US Army Corps of Engineers.
  • Defended the owner in a federal court jury trial of multi-million dollar claims by the construction contractor for a wastewater treatment plant in Hampton Roads, Virginia.
  • Represented the prime contractor in a unique ADR proceeding involving over $100 million in claims submitted under a $600 million contract to construct headquarters, barracks, and related installations for a US Army Division at Fort Drum, New York.
  • Represented a Maryland state agency in litigation and later mediation that resolved over $20 million in claims arising out of construction of the agency's new high-rise headquarters building.
  • Pursued public contract claims on behalf of the prime contractor against the Veterans' Administration and the California Department of Corrections.
  • Defended the owner in a multi-million dollar action brought in state court by the general contractor and 40 subcontractors for claims arising out of the construction of a shopping center in San Pablo, California.
  • Represented the contractor on an $80 million law enforcement/public works communication system for the County of Orange, including administrative proceedings and litigation.
  • Represented the prime contractor in litigation over a $300 million community development outside of Palmdale, California.
  • Represented the prime contractor in arbitration claim in excess of $20 million on construction of 130-mile crude oil pipeline.