Construction Engagements
The experiences of our attorneys include the following representative engagements.
Commercial Construction
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 commonly known as the Family Life Center located in Oakland, California.
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.
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.
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.
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 a faulty workmanship claim arising out of the repair of its San Francisco apartment facilities.
Obayashi Corp. – Computer Chip Technology Center: Represented Obayashi Corp., a large international contracting firm from Japan, concerning the construction of a chip-making demonstration facility. The owner uses the one-of-a-kind demonstration facility to showcase its chip-making tools to customers. The owner refused to pay nearly $30 million for this project, claiming cost and schedule overruns. This dispute also spawned four other matters related to the work of subcontractors on the project.
Rincon Center Associates – Rincon Center: Represented Rincon Center Associates in connection with water-infiltration claims arising out of the design and construction of Rincon Center in San Francisco.
Rosendin Electric - Life Safety Replacement Project: Represent Rosendin Electric in connection with a claim for extra work on a Life Safety Replacement Project at 101 California Street in San Francisco.
San Francisco Giants – Pac Bell Park: Represented the San Francisco Giants in connection with several claims arising out of the construction of Pac Bell Park.
Sefina, Inc. – Four Seasons Hotel (San Francisco, CA): Represent Canadian-based millwork supplier in connection with a number of mechanics’ liens and payment bond claims.
Sony Corporation of America – 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.
The Coca-Cola Company – Syrup Plant: Represent 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.
UDV/NA – Barrel Warehouse: Represented UDV/NA, the owner of Beaulieu Vineyards, in connection with the design-build construction of a new barrel warehouse in Napa.
VISA USA – Corporate Headquarters: Represented VISA USA in connection with the removal and replacement of defective sprinklers in its corporate headquarters.
Energy / Utilities
Fujian Pacific Electric Co. – Coal-Fired Power Plant: Represent Fujian Pacific Electric Co. against EPC contractor Bechtel 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.
Guy F. Atkinson – University of North Carolina Co-Generation Power Plant: Represented Guy F. Atkinson on a number of claims over the years, including prosecution of a $65 million dispute against the owner and others arising out of the construction of a co-generation power plant at the University of North Carolina.
Illinois Commerce Commission – Nuclear Power Generation Stations: Represented the Illinois Commerce Commission and the prudency auditors concerning the design and construction of an $8 billion twin nuclear power generation stations and the proposed disallowance of over $2 billion in extensive hearings concerning the rate basing of twin nuclear units.
Kvaerner – 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 in California.
L.K. Comstock – Diablo Canyon Nuclear Facility: Represented an electrical contractor in various disputes with PG&E concerning the Diablo Canyon nuclear facility.
Northern California Power Association – Dams and Power Generating Facilities: 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.
Pacific Bell and AT&T – Seismic Repairs and Upgrades Work: Represented Pacific Bell and AT&T in pursuing insurance coverage for roughly $120 million of seismic repairs and upgrades required by the City of Oakland in the aftermath of the Loma Prieta earthquake in 1989.
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 power plant in Nevada.
Turlock Irrigation District – 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.
Zurn Corp. and National Energy Production Company – Cal. Almond Growers Exchange Co-Generation Plant: Represented an EPC contractor concerning a bio-mass fired cogeneration plant in Sacramento, California in a dispute concerning plant performance due to problems with the fuel handling system and the catastrophic failure of a turbine.
Zurn Corporation and National Energy Production Company – Imperial Valley Waste to Energy Plant: Represented an EPC contractor concerning a bio-mass fired cogeneration plant in Southern California in a dispute concerning plant performance due to problems with the fuel handling system and problems with combustion of fuel.
Public Facilities
CH2M Hill – Los Angeles Unified School District: Represented CH2M Hill on numerous matters, including a case involving a major air conditioning contract for the Los Angeles Unified School District.
County of Alameda – 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.
County of Alameda – Santa Rita Replacement Facility: Represented the County of Alameda drafting contract documents, addressing bid protests, and claims by and against the contractor and against the designers concerning the design and construction of its new county jail.
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, Ratcliff & Associates, a delay and backcharge dispute of more than $1.4 million with the project's construction manager, and multi-million disputes with various trade contractors and construction manager relating to claimed extra costs.
County of Sonoma – Marin Adult Detention Facility: Represented the County of Sonoma defending contractor claims, and asserting claims against the designer and construction manager, concerning the design and construction of its new county jail.
County of Sonoma – 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.
Guy F. Atkinson – FDA Research Facility: Represented Guy F. Atkinson on a number of claims over the years, including a multi-million dollar dispute with the FDA over the construction of a high-tech research facility in Maryland.
HLM Architects – Federal Building (Sacramento, CA): Represent architects in claims involving foundation and structural damage to adjoining properties arising out of the construction of the multistory Federal Building.
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.
Lawrence Livermore National Laboratory – 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.
O’Brien Kreitzberg Associates, Inc. – Santa Clara County Hall of Justice: Represented the construction manager in claims concerning the design and construction of a new county jail.
Port of Oakland – Galbraith Landfill Closure: Represent 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 alleges breach of contract, negligence and False Claims Act violations, among others, and seeks damages for pay application and claims requesting payment for work not actually performed.
Samual Meritt Hospital – Co-Generational Power Plant: Represented a private owner of a gas-fired cogeneration plant on a hospital campus concerning plant performance issues.
San Francisco State Building Authority – California Public Utilities Commission Building: Defended the San Francisco State Building Authority against construction and delay damages claims arising out of the construction of California Public Utilities Commission building in San Francisco.
San Francisco State Building Authority – 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.
State of California – 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.
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.
Walsh Construction – 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.
Transportation
City and County of San Francisco - San Francisco International Airport: Represented City and County of San Francisco in multi-million dollar fraud action against a contractor arising from the construction of the International Terminal Complex.Thecomplaint allegedboth False Claims and RICO violations and sought damages for a pattern of fraudulent conduct and false claims, including false representations regarding theuse of minority subcontractors,artificial inflation of the cost of work under contract change orders,intentional doublebilling and front-loading, wrongful threats of job delay and closure, and deliberate manipulation of project schedules and otherdata to falselyclaim payments for job delays,acceleration and inefficiency.
Ishikawajima-Harima Heavy Industries Co., Ltd. - Carquinez Suspension Bridge: Represented Ishikawajima-Harima Heavy Industries Co., Ltd., a multi-national Japanese-based contractor, in connection with disruption and delay claims, which involved Caltrans and joint venture FCI Constructors, Inc./Cleveland Bridge California, Inc., stemming from the design and construction of the Carquinez Suspension Bridge, the first bridge of its type in the United States.
Ishikawajima-Harima Heavy Industries Co., Ltd. – San Francisco Bay Bridge Project's Eastern Span: Represented Ishikawajima-Harima Heavy Industries Co., Ltd. in connection with prequalification and contract negotiations for the San Francisco Bay Bridge Project's Eastern Span.
Macton Corporation - BART (Bay Area Rapid Transit) Expansion Project: Represented specialty equipment supplier Macton Corporation in pursuing payment bond claims arising from the BART expansion project.
Port of Oakland – Marine and Aviation Capital Improvement Projects: Assisted the Port of Oakland on developing its owner-controlled risk management and insurance program for over $1 billion worth of marine and aviation capital improvement projects.
Port of Oakland – Oakland Airport: 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.
Regional Rapid Transit - We represent a multinational transportation systems company in a dispute with a California regional rapid transit system regarding the implementation of a signaling and control system.
SFO Fuel Company–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.
San Diego Expressway Toll Road - State Route 125 South (SR 125) is a limited access toll road in San Diego County, California. We are defending our clients against $500 million in claims related to the development, design and construction of the toll road, and are pursuing a number of counterclaims valued at about $100 million.
San Francisco Airport Commission –San Francisco International Airport Expansion: Selected by the San Francisco Airport Commission to represent it in connection with its ongoing expansion efforts at the San Francisco International Airport.
San Francisco Bay Bridge's Temporary Bypass Structure - We represented the designer, an engineering and consulting firm, in disputes with Caltrans and the design-build contractor valued at more than $20 million.
Water and Wastewater Treatment
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.
City of Santa Rosa – Effluent Transmission Line: Represented a Northern California municipality concerning the design and construction of a high pressure wastewater effluent transmission line.
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.
Dublin San Ramon Services District – Wastewater Treatment Plant: Represented 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.
East Bay Municipal Utility District – Reservoir Project: Represented a Northern California municipal utilities district defending contractor claims concerning the design and construction of a steel water reservoir
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.
Marin Municipal Water District, Alameda County Water District and the City of Fresno – Plastic Pipe Water Distribution Systems: 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.
Monterey Regional Water Pollution Control Agency – Regional Wastewater Treatment Plant: Represented a Northern California regional water pollution control agency in defending multimillion dollar claims by the contractor concerning the design and construction of secondary treatment plant. Additional work continues and has included claims on other aspects of the plant as its design was upgraded to tertiary treatment and as water rights, inter-agency disputes and warranty issues have arisen.
Sea Ranch Water Company – Reservoir and Dam Project: 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.
Sewerage Authority Mid-Coastside – Wastewater Treatment Plant and Ocean Outfall: Represented a Northern California sanitation district defending contractor claims relating to the design and construction of its wastewater treatment plant and ocean outfall.
Sudakar Engineering – Los Vaquerous Reservoir for Contra Costa County Water District: Represented a contractor concerning the design and construction of the grout foundation for an earthen dam for a large reservoir in Northern California.
Sudakar IDM West J.V. – East Dam Project for Metropolitan Water District: Represented a contractor concerning the design and construction of the grout foundation for earthen dams for a large reservoir in Southern California.
XKT Engineers – San Diego Ocean Outfall: Represented the steel fabricator and erector concerning the design and construction of a dispersion structure at the terminus of an ocean outfall facility in Southern California.