Construction Litigation

Construction transactions and litigation have specific issues that require an attorney who knows the business. At Robins Kaplan LLP, our construction litigation lawyers provide both transactional and litigation services that encompass nearly every aspect of the construction industry. With a variety of complex construction litigation experience on both public and private projects, we have assisted clients in first-party contracts (coverage disputes on construction-related issues), prosecuting and defending third-party affirmative claims, the evaluation and resolution of construction contract disputes, and the negotiation and drafting of construction agreements.

For surety clients, our construction litigation attorneys have extensive experience in the evaluation, resolution and litigation of payment and performance bond claims. This includes the handling of small, large and multi-project defaults to achieve a timely completion of open projects while mitigating losses and maximizing recovery efforts. In addition, we have represented these clients on matters arising out of fiduciary bonds, litigation bonds, license and permit bonds, and other miscellaneous bond matters, as well as provided necessary training and counseled clients on state regulations and Department of Insurance requirements.

Selected Case Results* 

  • Obtained summary judgment in favor of national retailer against developer over dispute arising out of developer’s failure to construct the premises in accordance with lease provisions. (Case now pending on appeal.)

  • Represented ski company in significant over-charge dispute with contractor in build out of client’s flagship store.

  • Represented and defended retailer and private owner against multiple mechanics' lien claims following default and bankruptcy of general contractor.

  • Defended $4 million construction defect claim resulting in settlement for payment of $200,000.

  • Represented individual home owner in multi-million construction defect case resulting in recovery of repair costs and attorneys’ fees.

  • Represented surety in the successful completion of multiple projects following general contractor’s bankruptcy filing, reducing Surety’s projected losses from $50 million to less than $5 million. Also recovered over $3 million from personal indemnitors.

  • Negotiated post-default completion of an $8 million middle school renovation. Reduced projected losses in excess of $3.5 million to less than $1 million. Pursued recovery action against individual defendants resulting in pre-litigation recovery of $700,000.

  • Defended $3.5 million claim arising from default on county water treatment plant resulting in a mediated settlement.

  • Great West Contractors, Inc. v. WSS Industrial Construction, Inc., Reversed judgment by proving that contractor had no right to pursue recovery based upon failure to comply with the California contractor’s licensing requirements.

* Past results are reported to provide the reader with an indication of the type of litigation we practice. They do not and should not be construed to create an expectation of result in any other case, as all cases are dependent upon their own unique fact situation and applicable law.


Jason R. Fair


Deputy Managing Partner, Los Angeles Office;
Co-Chair, Diversity, Equity and Inclusion Committee

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