Representative Matters

• Suffolk Construction Company, Inc. v. PC Electrocraft, Inc. (2019).  Represented Suffolk Construction Company in a 10-week jury trial in a breach of contract claim against the Los Angeles Unified School District.  The jury found that LAUSD breached the contract and was liable for damages and prompt payment penalties to Suffolk. 

• Shimmick Construction Company, Inc./Obayashi Corporation, a Joint Venture v. San Diego County Water Authority (2018). Represented a joint venture of Shimmick Construction and Obayashi Corporation (SOJV) as plaintiff in a contract dispute with the San Diego County Water Authority over construction of the $140 million San Vicente Dam Raise project, the tallest U.S. dam raise project using roller compacted concrete.  The case concerned whether SOJV or the Water Authority was responsible for extra costs, delay, and impact costs necessary to complete the project.  The Water Authority also filed a counterclaim against SOJV alleging breach of contract and violation of the California False Claims Act.  In January 2018, the jury returned a verdict in excess of $30 million for SOJV, excluding interest.  The jury found in favor of SOJV with respect to the Water Authority’s counterclaim for breach of contract and the Owner failed to prove its false claims cross-complaint. 

• Suffolk v. Los Angeles Unified School District (2018). Represent Suffolk Construction Company in a contract dispute against the Los Angeles Unified School District (LAUSD) involving delays and additional costs for construction of a school campus known as Central Region 9th Street Span K-8.  The case was tried in 2017 in two phases. The jury in the first trial found in favor of Suffolk on the main issue of liability. The second jury awarded damages to Suffolk and its subcontractors in excess of $2.2 million and the court awarded prompt payment penalties and attorney’s fees against LAUSD.  

• Suffolk Construction Company v. Los Angeles Unified School District (2018). Represented Suffolk Construction Company, the general contractor hired by Los Angeles Unified School District (LAUSD) to develop and construct a $70 million project involving multiple buildings, recreational fields, and other work. After years of no movement by LAUSD and against the threat of prompt payment penalties, the matter settled in 2018.  

• Taisei v. Los Angeles County Sanitation District (2016). Represented Taisei Corporation as the lead member of a joint venture that performed substantial upgrades to a waste water treatment plant in Lancaster, California, a project value of approximately $150 million. We filed a complaint in Los Angeles Superior Court to recover more than $30 million in damages and defended against cross-complaints by the District and a subcontractor. After jury selection, the case settled and Taisei received an eight-figure settlement from the District.

• Taisei-T&K Joint Venture v. Inland Empire Utilities Agency et al. (2012).  Obtained summary adjudication in favor of a general contractor to defeat all false claims allegations asserted by the public works owner, in a payment dispute involving improvements on a waste water treatment plant.

• LaVerne Wilson v. Vermont Slauson Economic Development Corporation et al. (2012).  Successfully represented homeowner, removing a mechanic’s lien and obtaining settlement to repair a home. 

• Osmos / Myers G.P. v. Cal. Dept. of Trans. (2011).  Obtained injunction against the California Department of Transportation in connection with a bid protest involving contractor licensing requirements.

• City of Los Angeles v. Chicago Bridge & Iron (2010).  Represented client in appeal that successfully defended a judgment in favor of the contractor against a claim by the City of Los Angeles under the California False Claims Act.  The client was also awarded its attorneys’ fees on appeal. Total recovery was approximately $20 million.  

• Stronghold Engineering v. Western Steel (2009).  Member of trial team that represented prime contractor in contract dispute with subcontractor on an AAFES project.  The matter was tried to a jury in the Riverside County Superior Court, resulting in a verdict for the client on its affirmative claim and against the subcontractor on its cross-complaint.  Client was awarded attorney’s fees and costs. 

• Matt Construction v. Century City Doctor’s Hospital (2008).  Participated in arbitration representing general contractor in prosecution of claim for unpaid work on hospital renovation project.  Client received an award of $5.3 million after a three-week hearing in a AAA-sanctioned arbitration, which was more than 90% of the claim amount.

• Modern Continental v. Alstom Power (2005).  Member of trial team that represented a contractor in claims against an EPC contractor on the La Paloma Power Plant Project in Bakersfield, California.  Obtained a $37.1 million judgment after a 10-week jury trial, which was fully secured by bonds.

• Theming Solutions v. Peck-Jones / OC America et al. (2003). Obtained judgment in favor of general contractor against subcontractor based on California contractor license requirements.