Construction

$15 Million Hospital Construction Project
Represented a terminated general contractor in connection with a $15 million hospital construction project located in Folsom, California. The case involved the pursuit of unpaid amounts due, as well as the defense of substantial delay and other claims. Read More
170 King Street
Represented the owner of a mixed-use project located in San Francisco with claims against the contractor for delays and increased costs. Read More
3COM Corporate Campus
Represented 3COM Corporation, manufacturer of networking equipment, in preparing and negotiating agreements with design professionals and contractors for 750,000 square feet of corporate campus office space and research and development facilities. Read More
8 Washington, San Francisco
Representing San Francisco Waterfront Partners II, LLC in connection with entity formation and capitalization, financing and agreements with design professionals and the contractor for a 165-unit luxury condominium project on the San Francisco Embarcadero with retail, health club, public restaurant and new public open spaces and a construction cost of approximately $200 million. Read More
Aerojet Ordnance Removal Project
Represented the general contractor on a "clean closure" project involving an ordnance disposal site that had been used by a major defense contractor for many decades to destroy off-spec ordnance. Read More
Allen Temple Baptist Church – Family Life Center
Represented the Allen Temple Baptist Church, a non-profit corporation, in delay, cost overrun, deficient construction and other disputes with the lender, contractor and subcontractors relating to the construction of a mixed use facility in Oakland, California commonly known as the Family Life Center.Read More
Applied Materials Construction Forms
Prepared standard forms for Applied Materials, manufacturer of equipment for the computer chip and thin-film products industries, to be used in engaging design professionals, construction managers and contractors, both on a conventional and design/build basis. Read More
Applied Materials Research and Production Facilities
Represented Applied Materials in preparing and negotiating agreements with design professionals, contractors and design/builders for numerous research and development and production facilities in China, Taiwan, Korea, Japan and Israel. Read More
Barrel Warehouse Construction
Represented UDV/NA, the owner of Beaulieu Vineyards, in connection with the design-build construction of a new barrel warehouse in Napa.Read More
BART (Bay Area Rapid Transit) Expansion Project
Represented a specialty equipment supplier, Macton Corporation, in pursuing payment bond claims arising out of a BART expansion project. Read More
BP Solar International
Retained to represent BP Solar in connection with the negotiation of EPC contracts for utility scale solar projects, the preparation of joint development agreements and joint operating agreements, the preparation of due diligence reports for potential sites throughout the Western United States, and the preparation of contracts touching on virtually all aspects of BP Solar's operations. Read More
Cabrillo Community College District
Retained by the Cabrillo Community College District in California to represent it in connection with a multi-million dollar dispute involving the construction of the College's Student Activities Center. Read More
California Almond Growers Exchange
Represented an EPC contractor in connection with a dispute over the performance of a bio-mass fired cogeneration power plant located in the Sacramento area and operated by the California Almond Growers Exchange. Read More
California Public Utilities Commission Building
Defended the San Francisco State Building Authority against contractor and subcontractor claims for cost overruns and delays arising out of the construction of the California Public Utilities Commission Building in San Francisco. Read More
California Supreme Court and State Office Buildings
Represented the San Francisco State Building Authority, a joint powers authority by and between the Redevelopment Agency of the City and County of San Francisco and the California Department of General Services, in preparation of a design/build contract for the renovation of the historic Supreme Court building and construction of the new State Office Building.Read More
Carquinez Suspension Bridge

Represented Ishikawajima-Harima Heavy Industries Co., Ltd., a multi-national Japanese-based contractor, in connection with disruption and delay claims stemming from the design and construction of the Carquinez Suspension Bridge, the first bridge of its type in the United States. Read More

Catellus Development Corporation – Mission Bay Project
Advised Catellus Development Corporation on the structuring of a comprehensive risk management and insurance program for the initial phase of its Mission Bay project in San Francisco.Read More
CH2M Hill – Los Angeles Unified School District
Represented CH2M Hill in a case involving a major air conditioning contract for the Los Angeles Unified School District.Read More
CH2M Hill - Savannah River Dispute
Represented an affiliate of CH2M Hill in a substantial fee dispute with Washington Group International arising out of a management and operations contract between Washington Group and the Department of Energy ("DOE") and the DOE's Savannah River Site in South Carolina.   Read More
Chaya Brasserie
Represented the owner of the Chaya Brasserie restaurant in San Francisco in a dispute with its architect over construction costs and fees, ultimately achieving a successful result for our client through mediation.Read More
City and County of San Francisco – Oceanside Wastewater Treatment Plant

Represented the City and County of San Francisco in connection with a $40 million claim arising out of the design and construction of the Oceanside Wastewater Treatment Plant. Read More

City and County of San Francisco SCADA System
Represented the project owner in disputes with its EPC contractor on a SCADA system project that was to monitor and control more than 70 water treatment, pumping and distribution sites. Read More
City of Arvin
Represented the designer in a dispute over the loss of federal funding on a highway project in the City of Arvin that was to be administered by Caltrans and funded by the FHWA.   Read More
City of Santa Rosa – Effluent Transmission Line

Represented the City of Santa Rosa in connection with claims araising out of the design and construction of a high pressure wastewater effluent transmission line. Read More

Cogeneration Plant at Tribal Casino

We represented a major EPC contractor on a $15 million cogeneration and central plant project built at a tribal casino in Southern California.  The dispute involved payment claims by the contractor against the tribal entity, and cross-claims by the tribal entity against the contractor based on lack-of-licensure allegations. Read More

Co-Generational Power Plant Samuel Meritt Hospital
Represented a private owner of a gas-fired cogeneration plant on the Samuel Meritt hospital campus concerning plant performance issues.Read More
Cornerstone Properties – Commercial Office Complex

Represented Cornerstone Properties, a William Wilson development entity, in connection with a curtain wall defects claim arising out of the design and construction of a commercial office complex in San Ramon, California. Read More

County of Alameda – Santa Rita Replacement Facility

Assisted the County of Alameda in drafting contract documents, addressing bid protests, and responding to claims by and against its contractor and designers concerning the design and construction of a new county prison. Read More

County of San Mateo – San Mateo County Health Center

Represented the County of San Mateo in disputes arising from its five-phased renovation and construction project to replace its aging hospital facility with a state-of-the art, full service medical facility, including a dispute of more than $2 million involving the project's former architect, a delay and backcharge dispute of more than $1.4 million with the project's construction manager, and multi-million dollar disputes with various trade contractors. Read More

County of Sonoma – Marin Adult Detention Facility

Represented the County of Sonoma defending contractor claims and asserting claims against its designer and construction manager, concerning the design and construction of a new county jail. Read More

Covanta Energy Company

We are representing Covanta Energy Company regarding contractor and vendor claims relating to the completion of an expansion to the H-Power power generation facility in Kapolei, Hawaii.  The H-Power facility burns solid municipal waste, generates electricity and recovers for recycling both ferrous and non-ferrous metals from the waste stream.  Formerly the Ogden Corporation, Covanta owns and operates over forty power generation waste combustion facilities also known as waste-to-energy or energy-from-waste power generation plants.   Read More

Cresenta Valley County Water District – Wastewater Collection System

Represented a Southern California water district defending contractor claims concerning the design and construction of a 50-mile wastewater collection system. Read More

Dames & Moore – Pier 39

Represented Dames & Moore, one of the designers of San Francisco's Pier 39, in connection with a defects claim concerning a steel breakwater, which had corroded and lost structural strength. Read More

Diablo Canyon Nuclear Facility
Represented an electrical contractor in various disputes with PG&E concerning the Diablo Canyon nuclear facility. Read More
Dublin San Ramon Services District – Wastewater Treatment Plant

Represented a multipurpose Northern California agency in contract drafting, bid review and bid protests, and contractor claims for construction costs arising out of the construction and expansion of the District’s treatment plant and pipelines. Read More

East Bay Municipal Utility District – Reservoir Project

Represented the District defending contractor claims concerning the design and construction of a steel water reservoir Read More

Fort Baker/Cavallo Point Lodge
Represented the developer of a hotel, spa and restaurant at Fort Baker, a historic military base located at the foot of the Golden Gate Bridge in Marin County.  We assisted the developer in obtaining historic tax credits and coordinating with various state and federal agencies,

negotiating and drafting construction contacts, and provided course-of-construction counseling to address and resolve design and construction issues as they arose, proactively avoiding costly and distracting claims. Read More

Four Seasons Hotel - San Francisco
Represented Canadian-based millwork supplier, Safina, Inc., in connection with a number of mechanics’ liens and payment bond claims.Read More
Fujian Pacific Electric Co. – Coal-Fired Power Plant

Represented Fujian Pacific Electric Co. in prosecuting claims for liquidated damages and defending claims for delay, bonus payments and extra work, arising out of a coal-fired power plant in Fujian Province, Peoples Republic of China. Read More

Galbraith Landfill Closure
Represented the Port of Oakland in prosecuting an action arising from the closure of the Galbraith landfill and the preparation of the site for development as a golf course. The Port's complaint against the general contractor alleged breach of contract, negligence and False Claims Act violations, among others, and sought damages for pay application and claims requesting payment for work not actually performed.Read More
Gas-to-Energy Co-Generation Facility at Riverside Landfill
Represented an EPC contractor in disputes with the project owner over performance and delay claims stemming from biogas quantity and quality issues. Read More
Gas-to-Energy Co-Generation Facility at San Bernardino Wastewater Treatment Plant
Represented an EPC contractor in disputes with the project owner over performance and delay claims stemming from biogas quantity and quality issues. Read More
General Electric Transportation Systems, Global Signaling, LLC
Represented General Electric Transportation Systems, Global Signaling, LLC in a multi-million dollar breach of contract dispute with Bay Area Rapid Transit (BART) related to the development of an experimental computerized system that would automatically control BART trains using adapted military technology. Read More
Golden Gateway Center – Apartment Complex Projects

Assisted Golden Gateway Center in drafting contracts for the repair of its apartment facilities in San Francisco, as well as for updating its fire control systems.  Represented Golden Gateway Center in connection with various faulty workmanship claims. Read More

Highland Hospital - County of Alameda
Represented the County of Alameda in connection with the development of a $460 million expansion of an urban hospital campus in Oakland.  We developed the design build project delivery system, drafted pre-qualification documents, drafted and negotiated contract documents, assisted with selection of the successful design builder and defended against a bid protest by an unsuccessful design builder.  We also were engaged to provide ongoing assistance to the County of Alameda throughout the design and construction process. Read More
HLM Architects – Sacramento Federal Building
Represented HLM Architects in claims involving foundation and structural damage to adjoining properties arising out of the construction of the multistory Federal Building in Sacramento. Read More
Hokuli'a Community Association, Inc. and the Club at Hokuli'a
The Hokuli'a Community Association and the Club at Hokuli'a engaged Farella to prosecute claims against the developer of a master planned community in Hawaii after it failed to complete its work under three development agreements. Farella was also retained to prosecute claims against the bond surety who issued three performance bonds for the project in the penal sum of $50 million, but refused to perform its obligations. Read More
Illinois Commerce Commission – Nuclear Power Generation Stations

Represented the Illinois Commerce Commission and its prudency auditors concerning the design and construction of $8 billion twin nuclear power generation stations. Read More

Imperial Valley Waste to Energy Plant

Represented the EPC contractor in a dispute concerning the performance of the fuel handling and combustion systems of this Waste to Energy Plant in the Imperial Valley of California.

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Kaiser Foundation Hospitals – Medical Facilities

Represented Kaiser Foundation Hospitals in claims arising out of the completion of its medical facilities in Richmond and Fremont, California. Read More

Kings River Peaking Plant
Represented a joint venture EPC contractor in a dispute with the owner of a peaking plant over the owner's failure to provide accurate and complete information regarding the owner-supplied jet engine that was to power the plant. Read More
Kleinfelder
Retained to represent science and engineering consulting firm Kleinfelder in pursuing insurance coverage for large construction claims related to three Kleinfelder projects in California. Read More
Los Vaquerous Reservoir for Contra Costa County Water District
Represented Sudakar Engineering concerning the design and construction of the grout foundation of the earthen dam for a large reservoir in Northern California. Read More
Marin Adult Detention Facility Expansion
Represented the County of Sonoma regarding claims by and against the contractor concerning the design and construction of the expansion of the county’s new jail. Read More
Marin Municipal Water District – High Pressure Water Transmission Line
Represented a Bay Area water district concerning the design and construction of a welded steel water transmission line.  Read More
Marysville Levee
Retained by a general contractor to represent it in a $14 million dispute with the Army Corps of Engineers regarding the construction of a levee cutoff wall in Marysville, California. Read More
McCarthy Building Companies, Inc. - Twin Rivers School District Dispute
Retained by McCarthy Building Companies, one of the nation's oldest and largest construction firms, in a $32 million dispute with the Twin Rivers School District over the pricing of a deductive change order necessary to account for the District's deletion of significant portions of work on a High School and a Junior High School in the Sacramento area. Read More
Napa Valley Wine Train Project
At a value of over $54 million, the Napa Valley Wine Train Project was, at the time, one of the largest federal stimulus projects in California.  The Project involved replacing the Wine Train's rail bridge in downtown Napa, the construction of a new flood wall to protect the Wine Train's station, and the relocation of several miles of tracks.  We acted as co-counsel in representing Suulutaaq, Inc., a subsidiary of an Alaska Native Corporation, in a payment and performance dispute with one of its subcontractors. Read More
Network Appliance Campus and Sales Office Construction
Represented Network Appliance, manufacturer of networking and data storage equipment, in preparing and negotiating agreements with design professionals and contractors for over one million square feet of corporate campus facilities and various regional sales and research facilities. Read More
North Oakland Pretrial Detention Facility and Municipal Courts Building

Represented the County of Alameda defending contractor claims and claims against the designer concerning the design and construction of its maximum security pretrial detention facility and Municipal Courts building. Read More

Northern California Power Association

We prepared contract documents and provided project financing advice in connection with the development and turnkey construction of a series of dams and power generating facilities for the Northern California Power Association, a major California power agency. Read More

Nuclear Test Technology Complex
Represented Lawrence Livermore National Laboratory in a dispute involving more than $5 million in claims for delayed completion, cost overruns, and deficient design arising from the architectural and engineering services provided for the design and construction of the Nuclear Test Technology Complex, a laboratory and office center. Read More
Oakland International Airport Terminal Expansion Project
Drafted for the Port of Oakland its Program Management Agreement covering a multi-phase, $1.2 billion expansion of the Oakland International Terminal, and continue to advise the Port on a variety of contract administration issues. Read More
Oakland State Office Building
Represented Hathaway Dinwiddie Construction Company, the design/builder, in preparing and negotiating design/build agreements with the State of California and in negotiating agreements with design professionals for the 500,000 square foot Oakland State Office Building. Read More
Obayashi Corporation

We represented Obayashi, a large international contracting firm, in connection with a $30 million dispute relating to the construction of a chip-making demonstration facility.  Read More

One Kearny, San Francisco
Represented the owner of an historic building seeking to rehabilitate the building and to integrate into the historic structure a new office building. Read More
Pelican Bay Prison
Represented Walsh Construction in numerous construction delay and cost overrun claims over the years, including those arising out of the construction of the Pelican Bay Prison. Read More
Pittsburg Des Moines Steel Corporation – North Valley Station Power Plant
Represented the steel fabricator and erector concerning seismic redesign during the construction of a 250 megawatt coal-fired North Valley Power Station plant in Nevada. Read More
Plastic Pipe Water Distribution Systems Failures
Represented the Marin Municipal Water District, Alameda County Water District and the City of Fresno pursuing claims for millions of dollars in damages for past and future plastic pipe failures within their water distribution systems. Read More
Port of Oakland
Serve as primary outside counsel to the Port of Oakland, one of the largest ports in the nation, on a diverse range of matters involving insurance, construction and other legal matters involving virtually every aspect of the Port’s operations.  Recently, we were retained to advise the Port regarding a perimeter dike construction and retrofit project at the Oakland Airport, and to assist the Port in structuring and documenting a design-build project for the development of the former Oakland Army Base. Read More
PV Solar Agreements

We have represented a variety of owners and developers in connection with the negotiation and documentation of agreements related to the engineering, procurement, construction, and purchase and sale of photovoltaic electricity generation facilities, including a 20 MW tracking ground-mounted system in Arizona and a 1.5 MW rooftop-mounted system on the new Exploratorium in San Francisco. Read More

Regional Wastewater Treatment Plant
Represented Monterey Regional Water Pollution Control Agency in defending multimillion dollar claims by the contractor concerning the design and construction of secondary treatment plant. Read More
Reservoir and Dam Project - Sea Ranch, CA
Represented the Sea Ranch Water Company in connection with a claim arising out of the design and construction of a reservoir and dam servicing the Sea Ranch community. Read More
Resources for Community Development
Represented this affordable housing developer in preparing and negotiating agreements with design professionals and contracts for numerous projects involving substantial rehabilitation and new construction (including, finalizing construction contacts for a 55-unit low and very low income housing project in Oakland for Resources for Community Development). Read More
Rincon Center, San Francisco
Represented Rincon Center Associates in connection with water-infiltration claims arising out of the design and construction of Rincon Center in San Francisco. Read More
Ritz-Carlton Hotel
Representing Thomas Morone, the Court-appointed Receiver for the Ritz-Carlton Highlands Hotel and Residences at the Northstar ski resort in Lake Tahoe.  Among other things, we have been assisting the Receiver with respect to issues regarding the proposed sale of the Hotel property, disputes involving the sale of a dozen penthouse condominium units, a number of construction and mechanics' lien matters and various other litigation issues.Read More
Rosendin Electric - Life Safety Replacement Project
Represented Rosendin Electric in connection with a claim for extra work on a Life Safety Replacement Project at 101 California Street in San Francisco. Read More
Royal Kunia Master Planned Community
Retained by one of the largest and most prominent residential developers in Hawaii, to defend it against claims in excess of $40 million relating to the development and financing of Royal Kunia II, part of a high-profile 500-acre master planned community on the Island of Oahu. Read More
Salton Sea Project
Represented Kvaerner in a dispute including a $70 million claim and $40 million of counter-claims involving delays, changes in scope of work, and cost overruns incurred in the construction and commissioning of a $160 million mineral extraction plant located at the Salton Sea in California. Read More
San Diego Expressway Toll Road
State Route 125 South (SR 125) is a limited access toll road in San Diego County, California. It was one of the first, and to date largest, Public-Private Partnership (PPP) projects in California. We defended our developer clients against about $500 million in claims related to the development, design and construction of the toll road, including many issues of first impression regarding PPP financing of design-build infrastructure, and pursued a number of counterclaims valued at about $100 million. Read More
San Diego Ocean Outfall
Represented the steel fabricator and erector, XKT Engineers, concerning the design and construction of a dispersion structure at the terminus of an ocean outfall facility in Southern California. Read More
San Francisco Bay Bridge Project's Eastern Span
Initially, represented Ishikawajima-Harima Heavy Industries Co., Ltd. in connection with prequalification and contract negotiations for the San Francisco Bay Bridge Project's Eastern Span. Subsequently represented Candraft-Tensor, a joint venture that detailed the Eastern Span’s structural steel. Read More
San Francisco Bay Bridge's Temporary Bypass Structure
We represented the designer, an engineering and consulting firm, of the San Francisco Bay Bridge Temporary Bypass Structure in disputes with Caltrans and the design-build contractor valued at more than $20 million. Read More
San Francisco Contemporary Jewish Museum

Represented the San Francisco Contemporary Jewish Museum in land acquisition and development agreements with the Redevelopment Agency and in preparing and negotiating agreements with design professionals and contractors for a new museum designed by Daniel Libeskind. Read More

San Francisco Giants – AT&T Park
Represented the San Francisco Giants in connection with several claims arising out of the construction of AT&T Park. Read More
San Francisco International Airport Expansion
Selected by the San Francisco Airport Commission to represent it in connection with expansion efforts at the San Francisco International Airport. Read More
San Francisco International Airport Fuel System Expansion Project
Represented SFO Fuel Company, an organization comprised of a number of airlines, in connection with a number of delay-related claims asserted by a subcontractor seeking over $2.5 million of additional payment arising from a fuel system expansion project at the San Francisco International Airport. Read More
San Jose Evergreen Community College District
Provided pre-construction advice and assistance to the San Jose Evergreen Community College District in connection with the District's $26 million Multi-Disciplinary & Arts Building project at San Jose City College.  The project was design-build pursuant to the recently passed design-build enabling legislation for community college districts in California.  Our representation included drafting a variety of bid and contract documents ranging from the RFQ, RFP, and GMP contract with the design-builder. Read More
Santa Clara County Hall of Justice
Represented the construction manager in claims concerning the design and construction of a new Santa Clara County Hall of Justice. Read More
Sony Metreon
Represented Sony Corporation of America in connection with roughly $50 million in delay and other claims arising out of the design and construction of the Sony Metreon in San Francisco. Read More
Spotlight 29 Casino
Represent an EPC contractor in an $11 million dispute involving the termination of a cogeneration and chiller plant project at an existing Native American casino in Southern California. Read More
State Office Building and Courthouse Facilities
Represented the State of California in negotiating and drafting design/build contracts for a $100 million state office building in Oakland and new $200 million courthouse facilities in San Francisco. Read More
Tetra Tech Desalination Plant Project
Represented Tetra Tech in connection with the negotiation of an EPC contract for the design and construction of a desalination plant in Huntington Beach, California. Tetra Tech is a leading provider of consulting, engineering, program management, construction, and technical services addressing the resource management and infrastructure markets worldwide. Read More
The Coca-Cola Company – Syrup Plant
Represented The Coca-Cola Company in connection with design, construction and product deficiency claims arising out of the failure of a submerged brine line at its syrup plant in Ontario, California.Read More
The J. David Gladstone Institutes
Represented J. David Gladstone Institutes, a bio-medical research institution, in preparing and negotiating agreements with design professionals and contractors for a 200,000 square foot research facility adjacent to the University of California San Francisco Medical School Mission Bay campus. Read More
Transmission Lines and Power Plants
Represented the Turlock Irrigation District in a variety of matters, including disputes arising out of the construction of transmission lines and power plants. Read More
Treatment Plant and Ocean Outfall - Northern California
Represented Sewerage Authority Mid-Coastside a Northern California sanitation district, defend contractor claims relating to the design and construction of its wastewater treatment plant and ocean outfall. Read More
University of California - UC Santa Cruz
Represented the Regents of the University of California in connection with claims arising out of the construction of the Physical Sciences Building that resulted in the take-over of the project by the surety. Read More
University of California –Teaching Facilities and Housing
Represented the Regents of the University of California in connection with claims arising out of the design and construction of several of its facilities in Berkeley, including the Genetics and Plant Biology Building, the Foothill Student Housing Project, the Chemistry III Building, the Haas School of Business, the Boalt Hall School of Law, and the College Nine housing project at UC-Santa Cruz. Read More
VF Outdoor Corporate Campus, Alameda

Represented the developer of a build-to-suit new corporate campus consisting of four buildings for VF Outdoor, owner of such brands as North Face, in connection with developer entity formation, land purchase, build-to-suit lease with option to purchase, construction agreements and construction financing. Read More

VISA Corporate Headquarters Construction Defects Claim
Represented VISA USA in connection with the removal and replacement of defective sprinklers in its corporate headquarters. Read More
Wastewater Treatment Plant
Retained to represent the design engineers responsible for the complete redesign and expansion of one of the world's largest treatment plants.  The issues include mechanical, electrical, structural and process design, and involve multiple delay, cost-overrun, and breach of contract claims between the project participants. Read More
Wisconsin Energy/Elm Road
Represented Wisconsin Energy and Power in connection with the development of a $2.3 billion twin unit super critical coal-fired power plant on the banks of Lake Michigan.  Our representation included defending against a $515 million claim by the project's general contractor. Read More
Zachry Industrial, Inc.
Retained to counsel our longstanding client Zachry Industrial of Texas, in connection with the formation of a venture with Suntech America, Inc. to bid on a solar energy project for Centinela Energy, LLC. Read More