Armenak Kavcioglu

Professional Overview

Armenak Kavcioglu is a construction litigator whose practice focuses on public works and commercial construction projects. He counsels construction industry clients in matters relating to procurement, scope of work disputes, cost growth, delay, disruption, labor inefficiency, loss of production, differing site conditions, and all types of change order claims.

Armenak works with clients to resolve disputes as they arise during construction projects. He has settled numerous disputes arising from changes, delays, impacts, and other issues while the project is in progress, without resorting to litigation. If the dispute cannot be resolved during construction, Armenak draws on his extensive trial experience in complex construction matters to help his clients pursue their rights. He has tried dozens of cases in court, in both jury and bench trials, and dozens of arbitrations.

In addition to his construction practice, Armenak is experienced in appraisal arbitrations to reset rents on real estate encumbered by long-term leases.

Representative Matters

• Represented a prime contractor at trial on claims against an electrical subcontractor, prevailing and obtaining judgment for the full amount of the prime contractor’s cost overruns; the subcontractor was awarded nothing on its claims.
• Represented a prime contractor at trial in an action against a structural steel subcontractor on a public works project, prevailing and obtaining judgment for the full amount of the prime contractor’s cost overruns.
• Represented a prime contractor in arbitration defending against a subcontractor’s claims for delay and disruption on a public works project; the subcontractor’s delay and disruption claims were denied.
• Represented a prime contractor at trial and on appeal against a public agency in a dispute involving differing site conditions, change orders, delays, and disruption. The agency cross-complained, alleging 140 violations of the False Claims Act. Armenak obtained a favorable judgment for the prime contractor, including on its loss of production and delay claims, and defeated each false claims allegation. He argued the agency’s appeal, resulting in affirmation of the judgment and an award of attorneys’ fees for the prime contractor.
• Represented a prime contractor at jury trial and on appeal against claims by a terminated concrete subcontractor relating to an industrial building in Los Angeles. Armenak obtained a favorable jury verdict, including recovery for delays and cost overruns against the subcontractor, which recovered nothing. He also handled the subcontractor’s appeal and ultimately recovered his client’s attorneys’ fees incurred in both the trial and the appeal.
• Represented a prime contractor in a complex construction dispute with a local school district in which the contractor made claims for change orders, delays, and disruption and loss of productivity, and the district alleged more than 100 violations of the False Claims Act. Armenak litigated the contractor’s disruption and loss of productivity claim, as well as select change orders that the district also contended were false claims. Following a 243-day trial, he obtained a favorable judgment for the contractor, including recovery on the disruption and loss of productivity claim; the district lost each false claims allegation, and the contractor was awarded its attorneys’ fees.
• Represented a client at jury trial in a dispute over construction performed on an industrial building, obtaining a favorable verdict for the full amount sought.
• Represented a subcontractor in a 10-week jury trial on pass-through claims against a large local school district arising out of the construction of a new school. The case involved technical issues regarding errors in the plans that required the subcontractor to perform additional work. The jury returned a verdict in favor of the subcontractor on each of the extra work claims, and its total recovery exceeded $3 million.
• Represented a multi-national prime contractor in a lawsuit against a subcontractor that refused to sign its subcontract on a large infrastructure project, claiming that the prime contractor’s acceptance of its bid did not conform to the terms of the bid proposal. Armenak prevailed at trial and obtained judgment for the significant cost overruns paid to a replacement subcontractor.
• Represented a prime contractor on claims involving the construction of a new school, obtaining judgment in the contractor’s favor after a court trial.
• Represented an underground subcontractor in arbitration on differing site conditions claims involving excavation, shoring, and shotcrete work for the installation of a manufacturing facility, obtaining an award in the full amount requested, including attorneys’ fees.
• Represented a claimant in arbitration seeking delay damages, costs of extra work, and contract balance in connection with a below-grade sewage pump station, obtaining an award for all damages claimed, including delay damages and attorneys’ fees.
• Represented a prime contractor in arbitration against a subcontractor in a scope of work dispute arising on a community college district project, obtaining an award for the full amount demanded, including attorneys’ fees.
• Retained by a prime contractor after an adverse arbitration decision was issued while it was represented by other counsel. The arbitrator had issued a multimillion-dollar  award in favor of the owner against the prime contractor, including attorneys’ fees, as well as an award in favor of a subcontractor against the prime contractor. Armenak obtained an order vacating both awards on the ground that the arbitrator had exceeded his powers, a rare result under California law.
• Represented an electrical subcontractor in arbitration on delay and change order claims arising on a project for a large school district, obtaining an award in the subcontractor’s favor on its change order and delay claims.
• Represented a public works contractor in a series of arbitration hearings against a public agency to adjudicate numerous change order disputes. The arbitrations were conducted while the project was being built and resulted in a significant recovery for the contractor.
• Represented a terminated contractor in arbitration on a public works project to stabilize a major highway involving installation of rock anchor tiebacks and CIDH piles, obtaining an award for the contractor’s mobilization and other costs and then successfully defending that award against trial court proceedings seeking to vacate it.
• Obtained a favorable arbitration award for a prime contractor against a school district on complicated structural steel claims arising out of the construction of a new middle school.
• Represented a landlord in an appraisal arbitration to determine ground lease rents for real estate in Beverly Hills, California. The appraisal panel returned a valuation in excess of $22 million, resulting in a significant rent increase for the client.
• Obtained a favorable valuation for a landlord in a rent reset appraisal proceeding on a 99-year lease for real property located in the Golden Triangle of Beverly Hills.