Our construction defect, construction personal injury and property damage litigation experience is wide-ranging. Our lawyers have defended builders, developers, general contractors, subcontractors, architects, owners, and insurance companies in complex disputes. Our partners and associates have tried, arbitrated and mediated numerous cases.
Our lawyers and staff are adept at handling and sensibly organizing the voluminous amount of documents which are routinely generated in these types of cases.
We have represented public entities in matters involving stop notices, delay claims, adequacy of construction specifications and unforeseen conditions, as well as cross-claims under the False Claims Act.
We have handled disputes involving engineering delays, design issues, scheduling protocols, extra work and impact claims, quality of performance in workmanship and materials, code compliance, licensing requirements, construction site accidents, subrogation issues, insurance coverage issues, contractual liability issues, and soils problems arising from excavation, grading, compaction, and landslides.
Our involvement in construction litigation has ranged from cases involving construction defects for single family homes, to complex disputes among architects, engineers, contractors, subcontractors and suppliers arising from construction of industrial and commercial complexes.
We understand the importance of retaining sophisticated experts with experience in analyzing and evaluating plaintiffs' claimed damages. In construction defect cases, plaintiffs' experts typically render exaggerated scope of damage analyses and inflated estimates regarding the cost of repair of a particular construction project. We have developed a pool of qualified experts, including architects, general contractors, and civil, mechanical, structural, electrical and plumbing engineers, who understand the mechanics of litigation and the methods by which to properly evaluate construction defects and develop realistic repair estimates for a particular project. We have also been able to successfully compromise plaintiffs' inflated repair estimates by obtaining bonded repair estimates in order to avoid the potential adverse ramifications of inaccurate damage assessments.
Representative construction cases include:
- A multi-million dollar construction management case for Los Angeles Community College District in which a contractor sued Los Angeles Community College District for payment of cost overruns on a school site construction project. This particular case involved stop notices, delay claims, unforeseen conditions and adequacy of construction specifications. We also successfully pursued cross-claims under the False Claims Act. We were able to negotiate a favorable settlement for Los Angeles Community College District.
- Defense of multiple homeowners in Big Rock Mesa litigation in Malibu, California, including extensive depositions and mediations, and participation in coordinating committees;
- Extensive involvement in Monterey Hills litigation, including participation in detailed settlement discussions, and related mediations and arbitration proceedings;
- Extensive work on several separate actions arising out of slope failures and land subsidence in the Anaheim Hills development, including participation in coordination meetings, and extensive consultations with experts regarding appropriate repair methods;
- Representation in construction defect action of general contractor for earthquake repairs to 200 plus unit condominium development in the San Fernando Valley following the Northridge Earthquake of January 1994;
- Representation of developer of 250 plus unit condominium project in Ventura County, including extensive work in prosecuting cross-complaints, and dealing with defense tenders and related matters;
- A construction management case for Los Angeles Community College District in which a contractor sued Los Angeles Community College District for payment of cost overruns on a school site construction project. We were able to negotiate a favorable settlement for Los Angeles Community College District.
- Representation of electrical subcontractor in an action by a homeowners' association in a development in Los Angeles;
- Representation of a drywall subcontractor in an action by 100 homeowners in a subdivision in Palmdale alleging a comprehensive list of construction defects;
- Representation of subcontractors in a lawsuit alleging hundreds of defects in a 150 unit condominium project in Pomona, including improper compaction, electrical problems, soils problems, concrete problems and plumbing problems;
- Representation of general contractor for 50 multi-million dollar homes in Ventura County in an action alleging major roofing defects resulting in re-roofing of all homes;
- Representation of plastering subcontractor in a lawsuit involving alleged leaks in a Beverly Hills mansion resulting in extensive mold and mildew;
- Representation of the developer of a 300 unit condominium project in Simi Valley in an action alleging numerous construction defects; included prosecuting cross-complaint against 30-40 subcontractors;
- Representation of the developer of 200 single family homes in San Bernardino County action by individual homeowners alleging numerous and extensive construction defects which included prosecuting cross-complaint against 60-70 subcontractors;
- Representation of grading contractor in Riverside County action involving over 150 homes alleging various construction defects;
- Representation of grading subcontractor in Northern Los Angeles County action by homeowners alleging defects in design, development and construction of their homes, including high levels of moisture in the foundation which has led to complaints of health problems related to toxic mold and mildew;
- Representation of a general contractor in the Valley of Los Angeles County action by senior citizen housing corporation/property owner alleging defects in design, construction and installation of the senior citizen housing units, including problems with framing, interior and exterior walls, flooring, roofing system, stucco system windows, mechanical systems, garage area and decks. The case includes allegations of severe water intrusion which caused mold and mildew to grow and spread in the framing system, causing health problems to the residents.