Real Estate

Construction

Experience

San Francisco Millennium Tower Litigation

Represented international design firm Pelli Clark Pelli Architects, 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.

California College of the Arts

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

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.

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.

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.

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.

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.

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.

Transmission Line Dispute

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

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.

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.

Covanta Energy Company

Represented 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.   

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.

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.

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.

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.

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.

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.

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.

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.

Obayashi Corporation

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

PV Solar Agreements - Arizona

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.

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.

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.

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.

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.

$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.

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.

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.

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.

Firm Highlights

News

Farella Braun + Martel Ranked in Legal 500 United States 2020

The 2020 edition of Legal 500 United States recognized Farella Braun + Martel among the leading firms in the Construction, Land Use/Zoning, and Not-for-Profit practice areas. Land use partner Steven Vettel was named to...

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Publication

Coronavirus and Construction Contracts: Who Bears The Risk?

In view of the current coronavirus epidemic, what are the implications of material supply chain disruptions and labor unavailability resulting from the epidemic under typical building construction contracts?  Although the answer will always depend...

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Publication

San Francisco Bay Area Counties Issue Stricter Limits on Commercial Activities in Updated COVID-19 Shelter-In-Place Orders

To combat the growing number of coronavirus cases in the Bay Area, six local counties (Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara) have issued updated Shelter-In-Place orders that extend the...

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News

Farella Braun + Martel Ranked Among “Best Law Firms” by U.S. News & World Report and Best Lawyers

SAN FRANCISCO, November 5, 2020: Farella Braun + Martel earned national and regional rankings across a number of practice areas in the U.S. News & World Report and Best Lawyers® release of the “Best...

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Publication

Construction Dispute Resolution

Farella's Real Estate Webinar Series features Adam Dawson and Rick Van Duzer discussing "Construction Dispute Resolution." Construction continues even with COVID-19-related challenges: workers out due to illness, delivery delays, permit delays, and inefficiencies due to...

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News

Farella Defeats Builder's Risk Insurer's Defense in Lawsuit Brought on Behalf of Webcor-Obayashi Joint Venture

SAN FRANCISCO, August 5, 2020: Farella Braun + Martel has obtained a favorable ruling from the U.S. District Court for the Northern District of California granting partial summary motion and clarifying a legal doctrine...

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