The firm represents A, B and C licensed contractors.
It also represents owners and developers. When the matter is already in dispute
mode, this work includes representation in large and small lawsuits in the state and federal courts. Historically, the firm has been involved in numerous construction defects cases in the Western states on behalf of liability insurers of developers, framers, roofers and other major subcontractors on large residential and commercial developments. The firm has tried to judgment change order disputes. It has also successfully handled mechanic’s liens cases. The attorneys have also handled large and small commercial and residential cases involving diverse subject matter, ranging from high rise skyscrapers to single family homes, from expansive soils conditions to design defects, from leaking roofs to toxic mold.
An ounce of prevention is often worth a ton of expense in litigation. The firm
also has extensive experience with drafting and negotiation of construction
related documents, including traditional construction contracts, design-build
agreements, agreements for architectural and design services, consulting
agreements, and other agreements. If such documents and associated protocols are
adopted in the formative stages of the project, the odds are much better that
litigation will be avoided. If litigation does occur, the odds of a relatively
more favorable outcome are improved in proportion to the time and care taken in
structuring the relations of the parties and especially to the extent that the
client’s field and office personnel have been carefully instructed and counseled
and follow those recommendations.
To serve its clients in both transactional and litigation settings, the firm has
made a substantial investment in computer hardware and software. The document
management and database technology used by the firm allow it to manage and track
the events of a construction project and litigation arising therefrom with a
fraction of the personnel of other law firms, with a higher degree of
effectiveness and at greatly reduced cost.
Insurance Coverage:
Adequate and appropriate insurance coverage is vital to modern construction
projects. If allegations of defects arise, the insurance picture will often
control the outcome. Developers and contractors who go out of business are often
those who didn’t spend enough time or money on the subject of insurance. And
regrettably, insurers sometimes don’t do what they are supposed to-- provide
insurance benefits.
The firm has served as the national coordinating counsel on construction defects matters for a major
insurer in the United States. It has handled over 700 such matters in the
capacity of coverage counsel for insurers. These matters arose in
Washington, Oregon,
California, Nevada,
Utah, Colorado,
South Dakota, Montana,
Wyoming, Arizona,
New Mexico, Texas, and
Minnesota.
The firm has handled claims involving “wrap” policies on construction projects. It has argued issues of
enrollment under wrap policies, conflicts of interest for attorneys who defend
multiple trades under wrap policies, accounting for aggregate limits and related
issues. It has counseled carriers on allocation of losses among several
insurers, including wrap policy issuers.
Additional Insured Endorsements and related documentation of coverage under policies issued to
subcontractors as named insureds are central to construction projects. We have a
thorough knowledge of all of the different types of endorsements and their scope
and limitations. At the transactional level, we are able to advise the client
what they are getting or giving with the delivery of such documents and the
pitfalls of each. When it is necessary, we can assert rights under those
documents to try to mitigate the loss history of a developer or general
contractor.
A myriad of other coverage issues
can arise. Is there covered “property damage” under the policies in issue? Not
all construction defects involve such damage, and one has to know what one is
looking for. Do the “work-product” exclusions bar coverage. Again, sometimes
they do and sometimes they do not. The firm knows exactly what to look for under
the law of several jurisdictions and how to present the arguments most
effectively to carriers so as to obtain coverage.
If all else fails and litigation against a carrier is needed, the firm is singularly qualified. It has
prosecuted dozens of such suits with excellent results for its clients.
Commercial Transactions:
The attorneys include members of the California Association of Realtors panel counsel. They are
experienced and knowledgeable concerning sales of real property, formation and
capitalization of business entities, leasing transactions, sales of personal
property ancillary to development, warranties and representations made to
buyers, title insurance, property management and solving common and uncommon
problems associated with the sale and management of large and small projects.
In such matters, the emphasis is on practical solutions which protect the client from large risks of liability. The firm has the intellectual horse-power to solve any problem.
The firm has represented brokers, buyers and sellers in matters involving disputed brokerage
commissions, allegations of professional negligence by brokers, and in the
negotiation of brokerage agreements. We have drafted comprehensive agreements
for brokerage houses and have advised brokers concerning their rights and
obligations in difficult situations.
Real Estate Development:
The path of modern real estate development is long and difficult. The firm has litigation and related experience in numerous phases of this
process. For example, it has litigated to judgment Environmental Impact Report
cases, including challenges brought by so-called “public interest” groups and
environmentalists. It has likewise negotiated conditions of approval of projects
with local government staff, including general plan amendments in the State of
California.
The firm is particularly experienced in mattes of title insurance and how to put
together a title report that will satisfy a title insurer and a lender.
All phases of real estate financing are within the ambit of the firm. These include: loan approvals, loan agreements (and related documents),
rights and obligations under such agreements and default and foreclosure,
including appointment of receivers. There is no phase of financing that the firm
is not able to handle with ease.
The firm has drafted and amended governing documents for common interest developments and has given advice on numerous issues of the operations
of such entities. The firm has also litigated extensively in the area of common
interest developments, both for and against the HOA or association. |
|
