Experience

  • Claims Litigation
  • Environmental Liability

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.

FelCor

We have represented FelCor, a Texas REIT and operator of Holiday Inns' hotels in San Francisco, in an appeal in front of the San Francisco Handicap Access Board of Appeals, resulting in the exemption of a Hotel's parking facility from compliance with certain access requirements. We also have represented FelCor in disputes relating to its centralized operation of and advertisement for several Holiday Inn hotels, and the allocation of and accounting relating to associated costs and fees.  Through a mediation process involving accountants and industry experts, we were able to structure a resolution between the owners and operators relating to both past and future practices.

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.

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.

AP Companies, LLC v. Kriti Properties (2d Dist. Court of Appeal 2010)

Defended an appeal from a trial court judgment confirming an arbitration award in favor of our clients, and prevailed on our cross-appeal to have the judgment amended to have an alter ego named as a joint judgment debtor.

Mare Island Naval Shipyard (former)

Represented a subsidiary of CH2M Hill in litigation arising out of the environmental investigation and remediation of the former Mare Island Naval Shipyard in Vallejo, California.

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.

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.

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.

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.