Construction Matters

Representative matters include:

• Elihu M. Harris State Office Building. Served as General Counsel to Oakland State Building Joint Powers Authority overseeing construction of 22-story office building in downtown Oakland.
   
• New Steel Plant. Represented a major steel company in the evaluation settlement of a $30 million claim for extra work and delay by general contractor arising out of $100 million new steel plant construction project.
   
• U.C. Davis Food & Agricultural Science Building. Prosecuted a multi-party superior court action for a mechanical subcontractor in a $3 million claim arising from construction of new laboratory and classroom buildings, involving University of California, general contractor and eight major subcontractors.
   
• State Prison at Corcoran. Prosecuted a $7 million Office of Administrative Hearings arbitration through 90 days of arbitration hearing on behalf of general contractor and two major subcontractors involving delay, impact and extra work claims.
   
• Multi-Party Condominium Defect Litigation. Defended a subcontractor in litigation involving 25 subcontracting trades arising from construction of waterfront condominium project.
   
• Sumitomo Bank Building. Represented a subcontractor in multiparty construction claims litigation arising from construction of high-rise office building in Los Angeles.
   
• Sierra View Hospital Project. Advised a subcontractor during ongoing construction of a new hospital building regarding administration of a $1.3 million subcontract and relations with general contractor and owner.
   
• Slope Stabilization Project for Vista Belvedere Condominiums. Defended a soil engineering firm in mediation hearings against a land owner concerning adequacy of design/build soil stabilization structure protecting condominium projects.
   
• Landslide Repair for City of San Francisco/County of San Mateo.  Litigated contractor claims arising from landslide repair project.
   
• East Bay Municipal Utility District Alamo Pipeline. Prosecuted claim by underground pipeline contractor against local utility district involving groundwater and soil condition issues through 3 weeks of trial before private judge.
   
• Federal Suit by Foreign Equipment Supplier to Project.  Defended through trial in Federal District Court and initial Ninth Circuit Appeal a payment bond claim by foreign company supplier of engine-generator equipment to construction project.
   
• New Nursing Home Facility.  Prosecuted commercial arbitration against developer of nursing home facility on behalf of contractor dealing with responsibility for regulatory delays in development.
   
• Pacifica Pier Project.  Prosecuted Office of Administrative Hearings arbitration action under State Contract Act procedures and Caltrans specifications on behalf of general contractor for $330,000 extra work and impact claim on pier repair project, ultimately resolving case through private mediation.  Design/bid contract converted to design/build early in project by change order implementing completely new design by contractor, with resulting issues re assumption of risk of suitability of design to site conditions.
   
• U.C. Berkeley Northwest Animal Facility.  Advised mechanical subcontractor re claims arising from earthquake damage to work progress on University of California new laboratory building.
   
• City of San Jose Flood Control Project.  Prosecuted Santa Clara County Superior Court action against City on behalf of underground construction contractor arising out of “termination for convenience” of culvert project.
   
• City of Dublin New City Hall.  Prosecuted claim for wrongful termination of subcontract on new city hall building.
   
• Geologic Hazard Abatement District Project.  Advised contractor re extra work and delay claim and administrative claim procedures on slope stabilization project for district.
   
• City of San Francisco Hetch Hetchy Pipeline Improvement.  Advised contractor on progress payment disputes and unit price extra work claim.