Real Estate

Construction

Experience

  • Biofuels
  • Claims Litigation
  • Construction Design Liability
  • Contracts and Agreements
  • Defect Litigation
  • Energy Construction
  • Environmental Liability
  • EPC Contracts
  • Tax Credits

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.

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.

Murieta Inn and Day Spa

Representing the owner of the Murieta Inn and Spa in Rancho Murieta, California in connection with delay and other claims arising out of the design and construction of the Inn.

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.

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.

Transmission Line Dispute

Represented First Solar in an arbitration over a dispute involving a transmission line defect in Arizona.

NaturEner USA

Represented NaturEner USA LLC, a renewable energy company, in securing a $320 million construction loan to build the 189-megawatt Rim Rock wind power project in Montana. 

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.

San Francisco Millennium Tower Litigation

Represented international design firm Pelli Clarke Pelli Architects, Inc., designer of the San Francisco Transit Terminal, in numerous lawsuits related to the adjacent 400-unit Millennium Tower. The 58-story luxury condominium complex has been sinking and tilting since its construction. A tentative settlement was reached among the fifty-plus parties in August 2019 after almost four years of litigation.

San Onofre Nuclear Generating Station

Defended Mitsubishi Heavy Industries in a high-profile international arbitration against claims of $7.6 billion brought by Southern California Edison and its partners, arising out of the closure of the San Onofre Nuclear Generating Station.

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.

One Mission Bay

Representing CIM Group, the developer of One Mission Bay, a 375-unit mixed-use project located near Oracle Park in San Francisco, California, in an action against the project’s designer.

Single Thread Farms

Represented ST Hospitality Group, the owner and developer of Single Thread Farms, a luxury restaurant and boutique hotel, in connection with construction cost and delay claims arising out of the extensive remodel and build out of Single Thread Farm’s facilities in Healdsburg, California.

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.

California College of the Arts

Represented CCA in this project, including construction-related agreements, ground lease and off-balance sheet tax exempt bond financing.

Los Angeles World Airports

Represent Los Angeles World Airports in connection with over $15 billion of new construction at LAX, the transfer of the Ontario International Airport to a joint powers authority comprising the City of Ontario and the County of San Bernardino, and in trial in Los Angeles Superior Court.

San Clement Dam Removal Project

Represented Kleinfelder in connection with several disputes arising out of its work on the Carmel River Reroute and San Clemente Dam Removal Project in Monterey County, California.

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.

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.

Ritz-Carlton Hotel - Lake Tahoe

Represented Court-appointed Receiver for the Ritz-Carlton Highlands Hotel and Residences at the Northstar Ski Resort in Lake Tahoe, including the proposed sale and disputes, construction and mechanics' liens, and various other litigation issues.

San Francisco Exploratorium $130 Million Contract

We were retained to advise The Exploratorium, a museum of science, art and human perception, in construction matters including advice and agreement preparation with design professionals and contractors related to its move to Pier 15/17 in San Francisco.

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.

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.  

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.

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.

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.  

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.

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.

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.