Construction Law & Defect Litigation

The cornerstone of our practice is the representation of developers, general contractors, and select specialty subcontractors in construction defect litigation. We represent developers and contractors throughout California and Nevada. The types of clients we represent are involved in developing and building residential communities as well as commercial developments. Their projects include high end custom homes, high density apartments and condominiums, commercial malls, large scale retail outlets, schools, stadiums and athletic arenas.

Over the years, we have dealt with almost every issue that can arise from the construction of each of these unique and highly specialized areas, such as soil and subsidence issues, pollution and contamination, improper staking and layout, deficient or defective construction, flooding, explosions, fire, delay claims, mechanic liens, banking and loan funding issues, improper assignment of contracts and accounts payable, construction site accidents and personal injuries.

Our representation, however, is not limited to litigation alone. Over the years, we have developed a “personal counsel” approach which has allowed us to establish and maintain longstanding relationships with our contractor clients. Using this personal counsel approach we help develop risk management policies and procedures for our clients. This includes the drafting of specialized contract clauses and insurance requirements (for our general contractor clients) which aim to avoid litigation, minimize exposure and provide additional insurance obligations by their subcontractors. Our experience in litigating various contract provisions and first hand experience with tendering and securing defense and indemnity obligations from primary and additional insuring carriers have helped us develop effective contract language with essential provisions and necessary insurance endorsements and coverage.

We work closely with our clients regarding what type of insurance coverage they currently have or may be considering for the future. We working closely with the insurance brokers for our clients and do our best to ensure our clients obtain the most effective and comprehensive insurance. Common insurance procuring issues we provide counsel on are the advantages and disadvantages of deductible vs. self insured retentions, choice of counsel provisions, limitations on coverage, wasting limits policies, and determination of necessary minimum aggregates. We are always mindful that insurance is one of our clients’ most valuable assets which must be managed properly.

We routinely provide advice and counsel regarding the numerous and often complicated legal problems that arise in day-to-day operations of our client’s construction business. Our personal approach and willingness to get to know each specific business is valued by our clients because we get to know them and their operation. Ultimately, we can anticipate day-to-day issues that are unique to each client.

Our construction law services include:

Litigation

  • Aggressive defense. Our attention to detail protects your interests during construction defect lawsuits.
  • Managing risk. We help you from becoming inadvertently responsible for other contractors’ defective work.
  • Maximizing coverage. Our lawyers adhere to rigorous standards when informing your insurance company of a lawsuit or other defect claim.
  • Working with multiple insurance companies. Our longstanding relationships ensure you get the most complete defense.
  • Filing and prosecuting claims. Whether it is a mechanic’s lien or a breach of contract claim, we vigorously protect your rights.

Counseling & Risk Management

  • Construction agreements and subcontracts.  We review and update your contracts.
  • Insurance policies. We review and provide recommendations for future policies.
  • Bidding procedures.  We understand public and private bidding procedures.
  • Construction Disputes.  We address work stoppages and other disputes.
  • Licenses.  We assist in the transfer and renewal of licenses to avoid lapses.