Hector H. Espinosa

Professional Overview

Hector Espinosa focuses his practice on the construction industry, working with clients from the onset of a project and contract formation through the resolution of claims by settlement or judgment. He represents general contractors, subcontractors and owners on a broad range of private and public projects. Hector’s experience includes prosecuting and defending construction contract, delay, impact, and defect claims across a variety of projects, ranging from hotels, theaters, and condominiums to civil and infrastructure projects such as wastewater treatment plants, roads, and bridges. He also represents clients during the negotiation of contracts and throughout the bidding process, including bid protests.

Hector advises clients during construction so that they can avoid or minimize litigation over the scope of work, late payment, delay, and inefficiency. He also counsels clients on compliance with contractual and statutory requirements, including licensing matters, the California Government Code, the Business and Professions Code, the Public Contract Code, the Miller Act, and the False Claims Act.

Representative Matters

• Represented a general contractor in a 10-week jury trial on a breach of contract claim against a school district. The jury found that the district had breached the contract and was liable to the contractor for damages and prompt payment penalties.
• Represented owner negotiating over $3 billion in construction contracts for a major multi-prime development.
• Represented three subcontractors asserting claims for extra work, delay, and related impacts against the general contractor for the LA Metro Westside Purple Line Extension project resulting in settlements in excess of $33 million.  
• Represented a contractor joint venture as plaintiff in a contract dispute with a public water agency over construction of a $140 million dam raise project, the tallest U.S. dam raise project using roller compacted concrete. The case concerned whether the joint venture or the agency was responsible for the extra costs, delay, and impact costs necessary to complete the project. The agency also counterclaimed for breach of contract and violation of the California False Claims Act. The jury returned a verdict in excess of $30 million for the joint venture, excluding interest, found in the joint venture’s favor on the agency’s breach of contract counterclaim, and the agency failed to prove its false claims cross-complaint.
• Represented a general contractor in a contract dispute against a school district involving delays and additional costs for the construction of a K-8 school campus. The case was tried in multiple phases. After over 10 years of litigation and three jury trials, including a retrial, a judgment in excess of $4 million was awarded to the contractor against the district.
• Represented a general contractor hired by a school district to develop and construct a $70 million project involving multiple buildings, recreational fields, and other work. After years of no movement by the district and against the threat of prompt payment penalties, the matter settled.
• Represented the lead member of a contractor joint venture that performed substantial upgrades to a wastewater treatment plant in Lancaster, California, on a project valued at approximately $150 million. The firm filed a complaint to recover more than $30 million in damages and defended against cross-complaints by the public agency owner and a subcontractor. After jury selection, the case settled and the contractor received an eight-figure settlement from the agency.
• Obtained summary adjudication in favor of a general contractor defeating all false claims allegations asserted by a public works owner in a payment dispute involving improvements to a wastewater treatment plant.
• Represented a homeowner, removing a mechanics lien, and obtaining a settlement to repair the home.
• Obtained an injunction against a state transportation agency in connection with a bid protest involving contractor licensing requirements.
• Represented a contractor on appeal, successfully defending a judgment in its favor against a public agency’s claim under the California False Claims Act. The client was also awarded its attorneys’ fees on appeal, and total recovery was approximately $20 million.
• Served on the trial team representing a prime contractor in a contract dispute with a subcontractor on a federal exchange project. The matter was tried to a jury in Riverside County Superior Court, resulting in a verdict for the client on its affirmative claim and against the subcontractor on its cross-complaint, and the client was awarded attorneys’ fees and costs.
• Represented a general contractor in arbitration prosecuting a claim for unpaid work on a hospital renovation project. The client received an award of $5.3 million after a three-week hearing, more than 90 percent of the amount claimed.
• Served on the trial team representing a contractor in claims against an engineer-procure-construct contractor on a power plant project in Bakersfield, California, obtaining a $37.1 million judgment after a 10-week jury trial that was fully secured by bonds.
• Obtained judgment in favor of a general contractor against a subcontractor based on California contractor licensing requirements.