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

Jason R. Fair


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

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