Construction

Construction

Construction Litigation                  Public Works
Construction Project Documents    

 

CONSTRUCTION LITIGATION

Primary Attorney Contacts: Eileen M. Diepenbrock, Jennifer L. Dauer, Chris A. McCandless, Jonathan R. Marz and Conner D. Johnston

Represented contractor in an action to foreclose a mechanic’s lien against owners of a water treatment plant reservoir for a residential subdivision that purportedly was conveyed to a local water district after construction, raising novel issues involving the right to lien property where the property subsequently becomes public property.

Represented prime contractor and surety in action by subcontractor to recover damages for lost profits, standby, and extended home office overhead under Eichley formula, where subcontractor was terminated before mobilizing for work on power plant construction project.

Represented prime contractor in action against local transportation district regarding claims for extra work during construction of major freeway improvement project, involving contract interpretation and application and relationship between contractual claims provisions and Government Code claim process.

Successfully represented underground drilling contractor in preparing, recording and perfecting mechanic’s lien to secure payment for underground conduits and cabling installed by contractor for large cable company.

Assisted in representing State agency in defending against claim for breach of contract for default termination, and in recovering additional costs of completion.

Represented major construction contractor in resolving multi-party dispute over design and construction of water treatment plant, while avoiding contract termination.

Represented city on claim for payment by contractor on public works contract terminated for convenience.

Represented owners against developer/general contractor and multiple subcontractors in design and construction defect action involving residential properties. Successfully obtained writ of attachment, ex parte and without notice, freezing a sizable investment account held by developer.  Thereafter, the developer (1) repurchased the homes and (2) reimbursed clients’ legal expenses.

Defended construction engineering firm against a subcontractor’s claim for $1.6 million in alleged labor inefficiencies related to municipal wastewater treatment plant project for which client served as design engineer and construction manager.

Represented public owner in defending action brought by general contractor and mechanical subcontractor for delay damages and extra expenses.  Successfully settled with no contribution from client.

Represented general contractor against public owner in $3 million dispute regarding construction of performing arts center. Issues involved design defects, delays, and subcontractor pass-through claims. 

Represented city in defense of $3.6 million claim by drilling subcontractor for alleged differing site conditions related to construction of bridge.  Successfully settled with contribution from design engineer. 

Represented public owner in pursuing claims against and defending claims of terminated construction contractor on $19 million public works contract. Litigation included exchanging tens of thousands of documents, 42 percipient depositions, 24 days of hearing, 21 percipient witnesses, over 750 exhibits, and more than 200 pages of post-hearing briefing. Our client was found to be prevailing party and was awarded substantial damages.

 

CONSTRUCTION PROJECT DOCUMENTS

Primary Attorney Contacts: Eileen M. Diepenbrock, Jennifer L. Dauer, Chris A. McCandless, Jonathan R. Marz and Conner D. Johnston

Regularly draft, review and update front end bid documents for public owners.

Represent hamburger chain franchise in connection with negotiations and documentation of construction for company owned stores.

Revised standard subcontract terms for prime contractor.

Regularly prepare and update Site Leases and Facilities Leases for school districts’ and County Office of Education lease-leaseback projects.

Regularly draft, review and update construction contract general terms and conditions and special conditions for both public and private works projects.

Regularly draft, review and update professional services agreements, including architects agreements, engineering services agreements, construction management agreements, and consulting and land surveyor agreements.

 

PUBLIC WORKS

Primary Attorney Contacts: Eileen M. Diepenbrock, Jennifer L. Dauer, Chris A. McCandless, Jonathan R. Marz and Conner D. Johnston

Represent prime contractors in various cases and arbitrations against Caltrans involving disputed claims for compensation for extra work on major highway improvement projects.

Represented prime contractor in action against local transportation district regarding claims for extra work during construction of major freeway improvement project, involving contract interpretation and application and relationship between contractual claims provisions and Government Code claim process.

Regularly advise clients regarding substitution of listed subcontractors under Subletting and Subcontracting Fair Practices Act, including representing clients in contested substitution hearings.

Assisted contractor in preparation of claim for submittal to CalTrans Dispute Resolution Board.

Represented levee contractor in preparing claims to Sacramento Area Flood Control Agency.

Regularly advise public owners and contractors regarding public owner contracting authority, void contract rule, and false claims.

Successfully represented the second low bidder in litigation regarding the mis-award of a public works project, resulting in a published decision in Valley Crest Landscape v. City of Davis, 41 Cal. App. 4th 1432 (1996).