Construction

Representative Cases

Extensive involvement and understanding of construction and design contracts, having reviewed negotiated hundreds of contracts. This includes a comprehensive knowledge of industry form and other contracts, including provisions related to indemnity, contractual scope and obligations, payment, and ownership of documents.

Mediator in a case involving a residential remodel project, where the general contractor agreed to perform the work for a fixed fee. The contractor sued for unpaid amounts under the contract. The homeowner asserted in response that the contractor did not provide proper project accounting, and as a result the homeowner overpaid the contractor. The homeowner also asserted that the work was defective including cracked stucco and water intrusion, plumbing defects and the installation of stormwater tanks.

Mediator for a case involving a residential remodel project. After a dispute arose over claimed delays in the construction work and payment, it was asserted that the contractor stopped work while demanding payment, and eventually recorded a mechanics lien on the property. The contractor filed suit requesting unpaid monies for the construction services, and the homeowners responded with a cross-complaint for defects and other relief including disgorgement of the amounts paid the contractor for the use of unlicensed subcontractors.

Following completion of a new high-rise hotel, the owner claimed significant defects and delays as a result of alleged design issues following a project settlement with the contractor. In addition to the asserted additional construction costs, the owner asserted extensive project delays and disruption damages, which required extensive involvement with delay claims experts’ analysis. The damages claimed were several tens of millions of dollars from both change order expense as well as claimed lost revenue from the delays. The claims included mechanical engineering design issues such as those related to pollution control, refrigerant calculations, electrical power supply, structural supports, generator room requirements.

A multi-week arbitration hearing involving claims on a public-school stadium project of a surveyor’s improper layout of shoring piles. The piles were required to be removed by the general contractor, and reinstalled in new locations. The case involved complex issues as to a surveyor’s standard of care and information upon which it could rely in its services, including shoring engineers and contractors. Included were significant issues of the recoverability of claimed contractor delay and disruption damages, and their proof.

A case involving detailed geotechnical issues resulting from the installation of deep seated CIDH (cast in drilled hole) piles in a marine environment, adjacent to a neighboring property. The issues involved the methods of installation for the piers (such as percussive drilling), and the size and strength of subsurface rock conditions in the area. The damages issues focused on the nature and extent of distress to the adjoining property, including preexisting damage and the effects of vibratory drilling on the damage.

A case arising out of the construction of a travel lift pier, involving assertions that an improper concrete mix design was utilized for the pier construction, requiring the demolishment and rebuilding of the pier. The trial court ruled that there was no duty of care for the entity reviewing the mix design. The appeal led to a leading California appellate case with respect to the applicability of the economic loss rule in a construction and design setting.

Represented a civil engineer in a case involving intricate facts and issues related to a storm drain system for a large residential tract development, and a flooding event that occurred downstream from the culvert. As a result of the event, certain governmental agencies involved with the environmental and related aspects of the stream restoration issued notices of violation, which were alleged to have delayed aspects of the project while the developer incurred costs of remediation. The liability related issues involved requirements for obtaining site surveys, installation of downstream rock “rip-rap,” contract requirements and exclusions, and contractor work and obligations during the grading process.

The surety for a general contractor entered into a takeover agreement with a community college district owner after the contractor abandoned one of the district’s projects. Upon commencing work, the completion contractor reported defects in the construction which required significant remediation, including as to structural steel issue such as bolting and welding of connections, and metal decking installation. Represented the project DSA inspector in a claim by the surety for reimbursement of amounts paid for the defective work, based on an assertion that the inspector and several other parties involved with the project did not properly protect against the installation of the defective construction.

Represented a general contractor in a case involving competing claims of defects and monies owed for a curtain wall installation at a commercial office project. The contractor refused to pay the glazing subcontractor for the completion of work after alleged defects were discovered, and the contractor asserted it incurred significant amounts to remediate the curtain wall defects. In support the contractor alleged several experts’ reviews and testing proved the defects and therefore supported the withhold of payment, while the subcontractor disputed the defect claims while asserting that the contractor prematurely terminated it from the project.

In a dispute involving a community college project, the owner settled with the contractor on competing payment claims. In a subsequent action again the design professionals involved in the project, the owner sought indemnity for the settlement from the professionals. The issues included complex claims related to exterior framing including a curtain wall and glass store fronts, the location and framing for utilities, framing revisions, roofing design changes, and steel submittals.

A case involving unique issues related to the existence and release of naturally occurring asbestos resulting from a construction project on Santa Catalina Island. The project owner claimed that numerous parties were responsible to identify and prevent the release of the asbestos during the project grading operations. At issue were extensive and detailed issues as to the environmental mitigation and regulatory requirement and procedures to be employed as part of the operation, and the damages alleged as a result of the asbestos release and mitigation.

A multi-week trial involving claims to a high-end single-family residence in Ventura County. The case involved issues of improper grading and compaction of the soil for the building pad of the residence, and the resultant damage. The case was complicated by the fact that the original builder of the residence had gone out of business.

There were claims of moisture condensation forming on the ceilings and walls of a newly constructed large crypt building at a new morgue building. Involved were highly technical issues of mechanical engineering design for specialty conditions in such a setting, and the cause of the condensation conditions including that possibly related to the design and/or operation of the crypt. Included in the case were issues involving the building transformer and electrical panel with also required extensive and detailed expert analysis on electrical engineering and related design concerns.

A large condominium project was constructed over an old public refuse dump. Although there were protections installed as part of the project such a methane digesters, significant issues arose after construction including environmental and habitability concerns. Significant expert analysis was required to analyze the case and remediation of the problems, including the long-term habitability of the residences before a settlement could be achieved.

A case involving a large, custom-built residence at the top of a large descending slope. The homeowners alleged that construction at the slope, including an oversteepening of it and proximity of the residence to the slope, were contributing causes to it. The case also involved a significant statute of limitations concern that impacted the progress and settlement of the case.

Case involving the claimed flooding of condominiums along a strand where there had been public entity reconstruction of the beach in fronting the condominiums. Involved were unique issues of the nature and extent of beach reconstruction activities, coastal engineering and construction, the effect of ocean conditions on the adjacent beach water table. The experts involved were world-wide, including coastal engineers from Europe.

A case involved alleged mechanical system deficiencies in a large performing arts center project. The involved parties included the contractors, mechanical designer and architect. A settlement was reached early in the dispute using creative dispute resolution techniques.

A case involving liability for alleged defective architectural services in the development of a large residential compound. The project, and issues in the case, were complicated by fact that the compound was comprised of two adjoining lots which were each in different governmental jurisdictions. The extensive issues involved included allegations of assurances made as to the project costs; design contract interpretation; contractor retention, bidding and costs; access to the compound; grading at the intersection of the lots; plan check issues; and, alleged damages including those related to the owner’s fraud allegations.

The HOA for a large condominium building in downtown Los Angeles asserted defects to it low voltage system, including exterior light and doorbell systems. The parties involved included several contractors and designers involved with the system. After several mediation sessions the matter was resolved with an apportionment payment toward settlement by all the defendants.