Practice Areas
Construction Litigation
OVERVIEW
Our construction litigators represent owners, lenders, contractors and subcontractors in lawsuits and arbitrations in all disputes that may arise from residential and commercial construction.
In our many years of experience, we have regularly managed large multi-party lawsuits and class actions involving construction defects and/or conditions, covenants and restrictions in condominium, planned development and other multiple unit housing projects, single family residences, commercial office buildings and shopping centers.We also regularly try, arbitrate and compromise claims for interpretation or breach of construction contracts and subcontracts, construction loans, indemnity agreements, liability insurance coverage, and mechanic’s liens.
- Prosecuted numerous claims for final payments and/or extra-contract payments due on behalf of both contractors and subcontractors on construction projects, including foreclosure of mechanic’s liens, all resulting in favorable settlements on behalf of those clients.
- Represented a manufacturer of cast iron pipes and fittings in several construction defect litigations regarding various residential high-rise units in San Diego, resulting in a favorable settlement for the client in each matter.
- Represented a general contractor in a claim for extra time charges resulting from delays beyond the control of the contractor on a project in the Port of Los Angeles. The result was a jury verdict awarding the contractor the additional compensation due and, under the terms of the contract between the parties, the attorneys’ fees incurred in prosecuting the claim.
- Defended a manufacturer of cast iron pipes against a claim that one of its pipes was defective, had failed during the testing of a fire suppression system and caused in excess of $400,000 in damages to a furniture store. Following a one-month trial, the court determined that the pipe failure resulted from impact damage to the pipe at the time of installation and not from any defect in the pipe as manufactured.
- Awarded damages on behalf of a structural steel fabrication and erection company in a claim for extra contractual damages resulting from lengthy delays in the construction of a power plant in the California Central Valley. Following a lengthy trial, the jury awarded the client damages in excess of $2,000,000.
- Advocated for a drywall contractor in multi-party complex construction defect litigation action against developer, general contractor and various subcontractors in connection with residential developments in Santa Clarita, California.
- Represented general contractor against commercial building owner and construction lender in claims for non-payment and defended general contractor against related subcontractor claims.
- Obtained dismissal, via sustained demurrer, of trade libel cross-claims against individual property owner arising out of construction defect action against general contractor. Thereafter, favorable settlement obtained for property owner, including payments by general contractor to property owner for breach of contract and construction defects claims.
- Represented lessor in construction defect case and obtained favorable pre-litigation settlement requiring contractor to immediately perform corrective work and grant extensive indemnification obligations to property owner for any further defective work.
- Defended a general contractor in an arbitration against a property owner charging breach of contract, fraud, construction defects and bodily injury. Defeated claims exceeding $4 million and limited contractor’s liability to $60,000.
- Arbitrated on behalf of the owners of a custom estate home in a construction defect action against the home builder and its subcontractors; obtained all claimed damages and attorneys fees, totaling more than $1 million.
Related Attorneys
Scott L. Gilmore
Of Counsel
Paul M. Porter
Partner
William W. Steckbauer
Partner
G. Cresswell Templeton III
Partner
ADDRESS
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One California Plaza
300 So. Grand Avenue
37th Floor
Los Angeles, CA 90071-3147
PHONE
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TEL: 213.620.0460
FAX: 213.624.4840
EMAIL