Construction Litigation

• 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.
• On multiple occasions represented a manufacturer of cast iron pipes and fittings in construction defect litigation 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, resulting in 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.
• Represented a manufacture 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.
• Represented 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.
• Represented 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.
• Successfully obtained dismissal, via sustained demurrer, of trade libel cross-claims against individual property owner arising out of construction defect action against general contractor.  Thereafter, obtained 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.
• In the area of construction defect matters,  representation of  a variety of pest control operators, general contractors and subcontractors in breach of contract and negligence claims.  Successfully defended numerous different trades in large, multi-party actions involving construction projects of more than ten million dollars.
• 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.
• On behalf of the owners of a custom estate home, successfully arbitrated a construction defect action against the home builder and its subcontractors, obtaining all claimed damages and attorneys fees, totaling more than $1 million.