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 Construction
Law
We prosecute and defend claims arising
from private and public works involving breach of contract,
third party rights (mechanic’s liens, stop notices, payment
bonds under California law and the Miller Act), extra work,
delay and impact claims, and construction defects.
Our extensive experience in construction
litigation includes many interesting cases. In D'Orsay
International Partners v. Superior Court (Stone), 123
Cal.App.4th 836, 20 Cal. Rptr. 3d 399 (2004), we successfully
defended the owner against an attempt by a design-build
contractor to assert mechanic's lien rights for pre-construction
services when actual construction did not go forward. We then
successfully defended the owner in a following arbitration
against the contractor's multi-million dollar lost profits claim
by proving the defense of impossibility in obtaining financing
for the subject hotel project because of the effect of the
September 11, 2001 terrorist attack.
While we pride ourselves on our ability
to litigate construction cases, we are proactive in advising
clients who are entering into construction agreements or who
are encountering issues during a project so they may
minimize their risk of litigation and maximize their chance
of success should litigation be necessary.
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