Representative Matters

Public Works Matters

• TRIAL VERDICT.  Defended client in antitrust jury trial on behalf of mechanical subcontractor; achieved defense verdict against claims in excess of $120 million arising from public works projects throughout Northern CA.
• TRIAL VERDICT.  Prosecuted jury trial on behalf of HVAC subcontractor against general contractor for delays and impacts and unexecuted change orders in construction of high school in Modesto, CA; achieved trial verdict plus interest and attorney’s fees and successfully defended appeal; judgment in excess of $2 million.
•  Prosecuted stop notice claim by public works subcontractor on hospital project in Santa Clara, CA; matter settled; change order in excess of $10.5 million.
• Defended public entity against payment claims and defective work on light rail transfer facility in Napa County, CA; negotiated close-out change order.
• Prosecuted claim for minority owned general contractor against public entity for failure to pay on three public works projects in Sacramento, CA; settlement in excess of $4.5 million.
• Prosecuted and negotiated a $775,000 payment for public works contractor who secured funding on regional transit operations center project in Sacramento, CA.
• Defended public entity against public works contractor related to public bidding, bid protests, defective and delayed construction in Napa County, CA; negotiated close-out change order. 
• Prosecuted claim on behalf of HVAC and plumbing subcontractor against general contractor on public library construction project; negotiated settlement for payment to client in excess of $500,000.
• Prosecuted case for subcontractor’s work on a community college in Alameda CA; received payment for client in excess of $250,000.
• Defended public works electrical subcontractor for partial withdrawal liability from pension plan, saving client over $500,000 in pension liability.
• Prosecuted case for mechanical subcontractor in payment claim against lower tier subcontractor on hospital project and defended against claims by owner and general contractor related to delay and defective installation in Alameda County, CA; matter settled.
• Defended public works subcontractor on university project arising from defective plumbing at research facilities in the San Francisco Bay Area; negotiated settlement.
• Defended public works subcontractor on claim arising from defective plumbing on hospital project in San Francisco, CA; matter settled.
• Prosecuted concrete subcontractor’s mechanics lien claims against general contractor on three multi-unit residential projects in San Francisco, CA; matter settled.
• Defended private entity against payment claims and defective performance by general contractor on water treatment facility in Napa, CA; negotiated close-out change order.
• Defended subcontractor from public works payment claims by lower tier subcontractor on hospital project in Oakland, CA; matter settled.
• Prosecuted contractual indemnity claim by public works subcontractor against lower tier subcontractor in connection with hospital project; matter settled.
• Prosecuted contractual indemnity claim by a public works subcontractor against a mechanical equipment supplier in South San Francisco Bay Area; matter settled.
• Prosecuted claim and negotiated settlement for HVAC subcontractor against general contractor for unpaid claims on university project; matter settled.
• Prosecuted claim on behalf of boring subcontractor against City of San Francisco for changed conditions; negotiated settlement.

Private Works MATTERS

• TRIAL VERDICT.  Prosecuted successful jury trial verdict plus interest and attorney fees on behalf of private developer against subcontractor on banquet hall project at golf club for defective work; payment to client in excess of $1.5 million.
• ARBITRATION AWARD.  Prosecuted arbitration on behalf of hospital against contractor for Owner Controlled Insurance Program premiums; received successful arbitration award, plus interest and attorney fees; successfully defended challenge to judgment in San Francisco Superior Court.
• TRIAL VERDICT.  Prosecuted and defended claims between vineyard owner against neighboring property for easement and nuisance; bench trial to verdict.
• TRIAL VERDICT.  Prosecuted claim and bench trial verdict between grading contractor and striping subcontractor arising from payment and licensing dispute in San Mateo County.
• ARBITRATION AWARD.  Prosecuted arbitration on behalf of client against former expert for fees.
• Provided counseling for multiple homeowners’ associations against general contractors, developers, and subcontractors for defective original construction in multiple Bay Area locations; negotiated settlement including repairs and attorney fees.
• Negotiated settlement on behalf of private developer for payment by insurers of general contractor and twenty-three subcontractors for repair of defective work on resort project; matter settled for more than $1.7 million payment to owner plus waiver of liens in excess of $1.5 million.
• Prosecuted multiple claims on behalf of homeowners’ associations against developers for defective conversions of complex; negotiated settlement including repairs and attorney fees.
• Prosecuted claim for homeowners against general contractor and window manufacturer for water intrusion in residential property in Ross, CA; settlement in excess of $1 million plus releases of liens and other claims.
• Prosecuted claim on behalf of developers/investors against contractor for delayed and defective construction in high-end private residence in Marin County, CA; matter settled.
• Prosecuted claim on behalf of self-storage owner against contractor for water intrusion through concrete in Sonoma County, CA; matter settled.
• Prosecuted claim by contractor against owner in arbitration for payment; matter settled.
• Defended general contractor in arbitration against payment claim from HVAC subcontractor; matter settled.
• Prosecuted claim for client against multiple insurers for failure to defend/indemnify, and bad faith.
• Provided counseling to property owner and negotiated with public entity for elimination of back charges for water use by commercial manufacturer.
• Defended general contractor and owner from mechanics lien and bond on commercial distribution center project against painting subcontractor in Oakland, CA; matter settled.
• Defended general contractor against payment claim from electrical subcontractor on commercial distribution center projects against owner in East Bay, CA; matter settled.
• Defended plumbing subcontractor from indemnity claim by general contractor for defective and delayed construction; negotiated settlement.
• Prosecuted claim for residential property owner against general contractor for delayed and defective construction associated with multi-million dollar renovation including level 5 finishes in San Francisco, CA; negotiated settlement.
• Prosecuted claim on behalf of homeowners’ association against general contractor after catastrophic failure of retaining wall in Fremont, CA; matter settled.
• Prosecuted claim on behalf of business park owners against original developer for defective construction; matter settled.
• Prosecuted claim by owner against architect for defective plans and specifications in private residence in Placer County, CA; negotiated settlement.
• Prosecuted claim by homeowner against contractor and insurer for defective construction in Carmel, CA; matter settled.
• Defended claim against general contractor in mechanics lien case against subcontractor in Pleasanton, CA; matter settled.
• Provided counseling for homeowners’ association against terminated general contractor for defective construction in Santa Clara County, CA; matter settled.
• Prosecuted claim for subcontractor against contractor for payment in Sacramento, CA; matter settled.
• Prosecuted flooring subcontractor in mechanics lien case which settled for full payment to client.
• Defended commercial developer of self-storage facility against general contractor for delays, and against mechanics liens for subcontractors; matter settled.
• Defended and negotiated settlement on behalf of general contractor to claim by homeowner in private residential project in Marin County, CA; matter settled.
• Prosecuted claim for Yacht club in Marin County, CA against insurers of general contractors for insurance payment for defective construction. 
• Prosecuted claim and negotiated settlement on behalf of terminated general contractor in private residential project in Marin County, CA; matter settled.
• Provided counseling to homeowners’ association against elevator company for defective installation; negotiated settlement.
• Provided counseling to commercial property developer against insurance company for bad faith conduct; matter settled.
• Provided counseling and negotiated payment on behalf of general contractor from owner of fitness studio.

General Advice and Counseling Matters

• Provide counseling for national contracting associations based in the Midwest, the East, California, and other locations.
• Provided counseling regarding contract negotiation for subcontractor on multiple public works projects including air force base, university, public library, among others.
• Provided counseling for public works mechanical and plumbing subcontractor, general corporate governance, and licensing.
• Provide counseling to large property manager regarding contracts, corporate governance, insurance, and risk management. 
• Provide counseling and corporate governance to consulting group providing compliance in procurement of minority, woman, disadvantaged, local and small businesses in the construction industry.
• Provided counseling and negotiated with owner on behalf of international tile and stone manufacturer regarding tenant improvements at showroom and distribution centers.
• Provided counseling and negotiated numerous subcontracts on public works projects on behalf of mechanical, electrical, plumbing, foundation, drywall, framing and other trades.
• Provided counseling and negotiated numerous subcontracts on private works projects on behalf of mechanical, electrical, plumbing, foundation, drywall, framing and other trades.
• Provided counseling and incorporated private medical practice.
• Provided counseling to incorporate and arrange for licensing for out of state contractor to conduct business in CA.
• Provided counseling negotiating flooring subcontractor with general contractor on assisted living and memory care facility.
• Provided counseling regarding negotiating contract for public works waste treatment plant on behalf of contractor in San Francisco, CA.
• Provide counseling and drafted master subcontract for national contractor association regarding construction work for national health care provider.
• Provided counseling to contractor purchasing assets of another contractor.
• Provided counseling and trained subcontractor executive team regarding negotiation of construction subcontracts. 
• Provided counseling to owner of national fitness chain regarding corporate governance and risk management. 
• Provided draft Agreement, Waiver, and Release for Yoga Retreat.
• Provided counseling to owner related to tenant improvements at medical facility.
• Provided counseling and formed LLC for national flooring cooperative.
• Provided counseling to general contractor regarding possible termination on multi-modal warehouse facility; negotiated change order.

Personal Injury Matters

• Defended contractor from personal injury mesothelioma and asbestos-related claims in multiple lawsuits.
• Defended public works contractor in ADA claim arising from construction in stadium in Northern California.
• Prosecuted wrongful death claim against hospital for medical malpractice.
• Prosecuted claim for client regarding nerve injury resulting from medical malpractice.
• Prosecuted case in personal injury matter for injury to shoulder at catered event.

Real Estate and Commercial Litigation Matters

• Prosecuted and defended multiple claims by agents, sellers and others arising from failures to disclose during purchase and sale transactions.
• Defended commercial property owner against wrongful eviction and civil rights lawsuit in San Francisco, CA.
• Prosecuted claim by property owner against property manager in Sonoma County, CA for fraud and negligence.
• Prosecuted, litigated, and secured judgement reforming grant deed and title to multi-unit residential property in East Bay, CA.
• Defended seller from claims of purchaser regarding title, easement and disclosures associated with commercial property in San Francisco, CA.
• Prosecuted and secured settlement for homeowner’s claims for broker’s breach of fiducicary duties and professional negligence arising out of purchase of high-end residence. 
• Defended general contractor from enforcement proceeding by environmental protection agency related to Toxic Substances Control Act.
• Prosecuted and secured seven figure settlement of claim on behalf of food manufacturer for breach of manufacturing agreement.
• Prosecuted and secured seven figure settlement of claim against international corporation of breach of commercial loans.
• Prosecuted claim for trade association against event planner for fraud and embezzlement; negotiated settlement.
• Argued on behalf of objectors to class action settlement in anti-trust case in US District Court, ND Cal.
• Litigated fee dispute between law firms splitting of contingency fee award; negotiated settlement.
• Defended property owner against ADA claim in San Jose, CA; matter settled.
• Defended property manager from claims of fraud, conspiracy, and provided counseling regarding insurance and indemnity.
• Defended product manufacturer from trade disparagement claim; matter settled.
• Prosecuted and defended claims between mortgage lender and bank for breach of secondary financing program; matter settled.
• Defended commercial property owner in case involving pollution and contamination claims in Oakland, San Mateo, San Francisco, and other Bay Area locations; matter resolved with no liability of client.
• Prosecuted claims on behalf of private lender against attorneys for malpractice; negotiated settlement.
• Defended national contractor’s association against photographers claim against copyright infringement.