Representative Matters

Mr. Kavcioglu has represented clients in connection with a myriad of construction project disputes, the majority of which are resolved without trial. This list represents some of the matters that he has taken through trial or arbitration and, in some cases, appeal.

• Trial and Appeal.  Represented prime contractor against public agency in dispute involving differing site conditions, change orders, delays, and disruption. The agency cross-complained, alleging 140 violations of the False Claims Act. Mr. Kavcioglu obtained a favorable judgment for the prime contractor, including on its loss of production and delay claims, and successfully defended against each false claims allegation. The public agency appealed. Mr. Kavcioglu argued the appeal, resulting in the affirmation of judgment and award of attorneys' fees for the prime contractor.

• Jury Trial and Appeal.  Represented prime contractor on claims made by terminated concrete subcontractor relating to an industrial building in Los Angeles. Obtained favorable jury verdict, including recovery for delays and cost overruns against the subcontractor. The subcontractor obtained nothing. Mr. Kavcioglu also handled the subcontractor’s appeal, and ultimately recovered attorney’s fees incurred during both the trial and appeal for his client.

• Trial and Appeal.  Represented prime contractor on complex construction dispute involving local school district. Contractor made claims for change orders, delays, and disruption/loss of productivity. District alleged in excess of 100 violations of the False Claims Act. Mr. Kavcioglu litigated the contractor’s claim for disruption/loss of productivity, as well as select change orders (which the District also contended were violations of the False Claims Act). Following a 243-day trial, Mr. Kavcioglu obtained a favorable judgment for the contractor, including recovery on the disruption/loss of productivity claim. The District lost each false claims allegation. Mr. Kavcioglu's client was awarded its attorney’s fees in the trial court. 

• Jury Trial.  Represented client in dispute related to construction performed on an industrial building. Obtained favorable jury verdict for the full amount sought. 

• Jury Trial. Represented subcontractor in 10-week jury trial on pass-through claims against a large local school district for 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 for each of the extra work claims. The subcontractor’s total recovery exceeded $3 million.  

• Represented multi-national prime contractor in lawsuit against subcontractor that refused to sign subcontract, claiming prime contractor’s acceptance of bid did not conform to terms of bid proposal on large infrastructure project.  Prevailed at trial and obtained judgment for significant cost overruns paid to replacement subcontractor.

• Trial. Represented prime contractor on claims involving the construction of a new school. Obtained judgment in favor of contractor after court trial.

• Arbitration. Represented underground subcontractor on differing site conditions claims involving excavation, shoring, and shotcrete work in connection the installation of a manufacturing facility. Obtained an award in the full amount requested, including attorney’s fees.

• Arbitration.  Represented claimant seeking delay damages, costs of extra work, and contract balance in connection with below grade sewage pump station. Obtained award in favor of client for all damages claimed, including delay damages and attorney’s fees.

• Arbitration.  Represented prime contractor against subcontractor in a scope of work dispute against a community college district. Obtained an award in favor of the prime contractor for the full amount demanded, including attorney’s fees. 

• Reversal of Arbitration Award.  Mr. Kavcioglu was retained by a prime contractor who had an adverse arbitration decision awarded while it was represented by other counsel.   The arbitrator had issued a multi-million-dollar award in favor of the owner against the prime contractor, including attorney’s fees. The arbitrator had also issued an award in favor of a subcontractor against the prime contractor. Mr. Kavcioglu successfully obtained an order vacating both arbitration awards on the basis that the arbitrator had exceeded his powers, a rare result under California law. 

• Arbitration.  Represented electrical subcontractor in connection with delay and change order claims on a project for a large school district. Received award in favor of subcontractor for its change order and delay claims.

• Arbitration.  Represented public works contractor in a series of arbitrations against a public agency involving change order disputes.  The arbitrations were conducted while the project was being built.

• Arbitration.  Represented terminated contractor on a State public works project to stabilize a major highway involving installation of rock anchor tiebacks and CIDH piles. Obtained an award in favor of the terminated contractor for its mobilization costs as well as other costs. Successfully defended arbitration award in trial court proceedings seeking to vacate award. 

• Arbitration.  Obtained favorable award for prime contractor against a school district for complicated structural steel claims in connection with the construction of a new middle school. 

• Arbitration/Appraisal Proceeding.  Represented landlord in arbitration to determine ground lease rents in connection with 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.

• Arbitration/Appraisal Proceeding.  Obtained favorable valuation for landlord in rent reset appraisal proceeding on a 99-year lease for real property located in the Golden Triangle of Beverly Hills.