REPORTED APPELLATE CASES
CALIFORNIA SUPREME COURT
- Los Angeles Unified School District v. Great American Insurance Company (2010) 49 C4th 739, 112 CR3d 230, 234 P3d 490. Amicus brief for the Engineering Contractors’ Association and the Southern California Contractors Association
- Amelco Electric v. City of Thousand Oaks (2002) 27 C4th 228, 115 CR2d 900, 38 P3d 1120. Amicus brief for Engineering Contractors’ Association
- Kajima/Ray Wilson v. Los Angeles County Metropolitan Transportation Authority (2000) 23 C4th 305, 96 CR2d 747, 1 P3d 63
- Domar v. City of Los Angeles (1994) 9 C4th 161, 36 CR2d 521, 885 P2d 934
CALIFORNIA COURT OF APPEALS
- Tutor-Saliba-Perini, J.V. v. The Los Angeles Metropolitan Transportation Authority (2005) 2005 Cal.App.Unpub.LEXIS 641. Amicus brief for the Engineering Contractors’ Association
- Polibrid Coatings, Inc. v. Superior Court (2003) 112 CA4th 920, 6 CR 3d 7
- Amelco Electric v. City of Thousand Oaks (2000) 82 CA4th 373, 98 CR2d 159 (vacated by grant of petition for review); amicus brief for Engineering Contractors’ Association
- Kajima/Ray Wilson v. Los Angeles County Metropolitan Transportation Authority (1999) 69 CA4th 1458, 82 CR2d 348 (vacated by grant of petition for review); Simon, Error Forces MTA Panel to Accept Higher Bid, Los Angeles Times, February 10, 1995, p. B1; Jilted Low Bidder Wins Again, Engineering News Record, March 1, 1999, p. 14
- K&K Services, Inc. v. City of Irwindale (1996) 47 CA4th 818, 54 CR 836
- Domar v. City of Los Angeles (1995) 41 CA4th 810, 48 CR2d 822
- R&A Vending Services, Inc. v. City of Los Angeles (1985) 172 CA3d 1188, 218 CR 667
- Wang v. Div. of Labor Standards Enforcement (1990) 219 CA3d 1152, 268 CR 669
- Westinghouse Electric Corp. v. County of L. A. (1982) 129 CA3d 771, 181 CR 332
TYPICAL LITIGATION & REPRESENTATION
- Convinced trial court to compel rejection of low bid on a $30,000,000 canal raising project; then convinced the agency to award the contract to the 2d low bidder.
- Defended award of a $73,000,000 freeway interchange project against a court challenge by the second low bidder.
- Convinced a county to reject all bids for a $30,000,000 food services contract for multiple county facilities and to issue a new request for proposals.
- Convinced agency to reject all bids on $15,000,000 RFP on carpeting and re-issue as IFB.
- Convinced agency to reconsider award of RFP on $1.4 billion software contract, leaving our client (incumbent) in place for an additional 2 years.
- Defeated challenge of non-performing listed subcontractor on city project to request to substitute another subcontractor for the listed subcontractor’s work in a contested administrative hearing.
- Recovered lost profits for listed subcontractor on city project who was not permitted to perform the work for which it was listed in lawsuit against prime contractor.
- Defeated challenge of listed subcontractor on water agency project, who would not sign subcontract without unacceptable changes, to a request to substitute the prime contractor and another subcontractor for the listed subcontractor’s work in a contested administrative hearing.
- Represented general contractor in securing permission to substitute non performing subcontractor on public works project for city entity.
- Represented contractor in lawsuit to foreclose mechanics lien, which resulted in significant payout to contractor after mediation.
- Filed mechanics lien for subcontractor when prime contractor was not paying promptly, resulting in immediate payment to subconotractor.
Stop Notices and Bond Claims
- Sued prime contractor, agency and payment bond surety for balance due on city project and to foreclose stop notice; settlement resulted in 100% payment to subcontractor
Differing Site Conditions Claims
- Recovered over $300,000 in arbitration for client drilling contractor against prime contractor where substantially different soil conditions were encountered and prime contractor failed to adequately pursue subcontractor’s claim when it settled with a county agency. Post-award settlement included payment for interest and attorney fees.
- Recovered over $800,000 for general contractor client in arbitration against large entertainment company. Dispute over unpaid contract funds, extra work and acceleration.
- Defended city against contractor’s $1,000,000 extra work and delay claims on the construction of two regional park projects. Settled before trial.
- Represented defendant subcontractor in cross-complaint seeking contract balance and extra work payment after prime contractor claims settled by insurance carrier. Mediation resulted in payment of $300,000 to client subcontractor.
Delay, Disruption, and Acceleration
- Represented contractor in lawsuit against a city for delay and extra work claims on a sewage treatment plant project. Settled during first week of trial for $3,100,000.
- Represented contractor in a lawsuit against school district for delay and extra work claims on a school modernization project. Negotiated a settlement of $1,450,000.
- Represented subcontractor in case against general contractor for failure to pay contract balance, as well as for failure to pay for extra work and for delay, disruption, and acceleration charges. Mediation resulted in significant payout to client.
- Defended a caisson subcontractor in a $6,000,000 construction defect case, including soil subsidence issues, involving 25 parties and two multimillion-dollar estates. Prevailed on summary judgment motion and exonerated caisson subcontractor from all liability in the case.