Construction Litigation

At Robins Kaplan, our professionals are well versed in the complexities of construction, surety, and insurance law. The complex and multi-faceted nature of the construction industry requires attorneys with in-depth knowledge of the field. Our construction litigation attorneys routinely represent public and private individual, corporate, and insurance clients across the industry spectrum.

We provide a wide range of transactional and litigation services. These include negotiating and drafting first-party contracts and financing agreements, the evaluation and resolution of construction contract and coverage disputes and prosecuting and defending first- and third-party affirmative claims.

Our clients benefit from our extensive experience in the evaluation, resolution, and litigation of payment and performance bond claims, which includes handling project defaults of all sizes to achieve timely completion while mitigating losses and maximizing recovery efforts.

We also represent clients on matters related to subdivision bonds, fiduciary bonds, litigation bonds, license and permit bonds, and other miscellaneous bond matters, and we provide both counsel and training on state regulations and insurance requirements.

Whenever possible, our construction and surety law practice seeks to work with the parties to address and resolve competing claims, interests, and disputes before they escalate into a problem. When the conflicting claims result in litigation, we strive to achieve optimal results both inside and outside of the courtroom through mediation, arbitration, and trial. Our experience includes:

Construction Transactions

  • Contract terms negotiation and agreement drafting
  • Inter-creditor agreements
  • Set-aside agreements

Surety Representations

  • Evaluation of payment and performance bond claims, including small, large, and multiproject defaults
  • Matters arising out of various bonds, including fiduciary, litigation, subdivision, and license and permit bonds
  • State regulations and Department of Insurance requirements training and counseling
  • Surety dispute resolution and litigation

Complex Construction Litigation

  • Claim evaluation
  • Public and private projects
  • Prosecuting and defending first and third-party affirmative claims
  • Alternative dispute resolution forum experience

Construction Liability Claims

  • Builders risk insurance coverage disputes
  • Claim and additional insured evaluation
  • Control of defense and Cumis counsel issues in California
  • Number of occurrences and application of deductibles and retentions
  • Bodily injury claims, including occupational injury claims
  • California Department of Insurance complaints
  • Policy cancellation and return of premium issues

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 homeowner 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.

Jason R. Fair

Partner

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

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