Counsel to the Construction Industry

Below is a sampling of the services the firm has provided and the results achieved.

  • 2014 Home Complete Fire Loss

    Hillside Marin County home burned to point of total loss.  MLC assisted client to recover over $1 million from owner’s property insurance carrier, Fireman’s Fund, following mediation.   MLC persuaded client to stick with hourly fee arrangement despite client’s proposal to transition to contingency fee.  Total fees paid to MLC, including additional services not related to ...

  • 2014 Apartment Fire Loss

    100 year old, 42 unit apartment building burned to the ground, a complete loss.  MLC sued PG&E,  elevator installer, and elevator controller manufacturer on behalf of Owner. Settlements resulted in $6.8 million recovery.  Settlements plus Owner’s insurance total enough funding to rebuild the entire building.

  • 2013 Employee’s Serious & Willful Misconduct and Discrimination Claim

    Injured employee worker sued contractor alleging serious and willful violation of OSHA regulations that lead to fall injury. He also claimed wrongful termination and discrimination due to injury and sought back pay. Worker sought $150,000. MLC, lead by Christine Lee, assisted contractor to settle for $3000. MLC convinced workers compensation carrier to pay all of MLC’s ...

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2013 Subcontractor Payment Claim

First tier HVAC subcontractor failed to pay $33,600 to second tier controls subcontractor, claiming pay-when-paid and accounting irregularities.  Settled at mediation with first tier paying MLC’s second tier subcontractor client $120,000.00, representing the full amount of second tier’s claim plus attorney fees and costs.

2013 Fraud and Construction Defect Claim against Architect

Architect substituted veneer brick facade in place of real brick as called for in original plans, and substituted sheet in on-site plans to hide the change. MLC, lead by Craig Wallace, sued architect on behalf of owner, resulting in settlement for remainder of policy limits, about $750,000.

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2012 Contractor Insurance Coverage Claim

Insurance carrier for Sonoma general contractor refused to defend contractor against home owner construction defect claims. Contractor’s first attorney defended the action and settled the claim. Including attorney fees, costs, and waiver of amounts due to contractor, the action cost contractor approximately $300,000 out of pocket. Marc Sherman and Dan McLennon determined that the carrier had wrongfully refused to defend and sued carrier on behalf of contractor. Marc Sherman’s motion work resulted in federal court orders denying the carrier’s motion for summary judgment and granting summary judgment for the contractor in excess of $425,000, without the need for trial.

2012 Contractor Payment Claim

Napa general contractor consulted Dan McLennon to assist in finalizing a release between home owner and contractor. Contractor’s first attorney recommended that contractor walk away from contractor’s $85,000 payment claim in exchange for home owner’s waiving defect claims. Contractor’s first attorney had tendered home owner’s cross-claim to contractor’s carrier but did not follow up after carrier refused defense. MLC convinced the carrier to defend the counter claim, and Craig Wallace and Dan McLennon pursued recovery on contractor’s payment claim. Case settled on first day of trial, with client recovering $50,000, net, after paying defect claim, fees and costs.

2012 Post Trial Costs Appeal

Marc Sherman of MLC convinced the California Supreme Court that interest on a loan secured by appellant to provide a bond to stay enforcement of judgment on appeal could not be recovered by appellant. The Supreme Court’s unanimous ruling resulted in an opinion published in the law books of California. MLC then obtained and award of all attorney fees incurred for the appeal plus interest.

2012 Napa County Construction Defects Defense

Serving as personal counsel to a major general contractor sued for construction defects allegedly causing over $47 million in damages to a luxury resort, MLC assisted insurance-appointed counsel in pursuing (1) additional insured coverage from subcontractor carriers, (2) indemnity from subcontractors, and (3) full insurance coverage for all damages. Case was resolved with client’s contributing nothing, despite substantial damages potentially not covered by insurance. Client and MLC successfully negotiated with primary carrier to pay most of MLC’s fees.

2012 Sonoma County Commercial Landlord Tenant Action

MLC successfully evicted a defaulting tenant from a Santa Rosa shopping mall as a result of an unlawful detainer action. MLC is now pursuing over $300,000 in damages from the former tenant and guarantors.

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2011 Monterey General Contractor Payment Claim

For general contractor, MLC obtained $100,000 settlement and arranged satisfaction of subcontractor claims.

2011 Los Angeles Commercial Landlord Tenant Action

Marc Sherman successfully evicted a tenant and won judgment for $300,000 against the defaulting tenant.

2011 Santa Clara County Supplier Lien Claims

For a peninsula electrical supplier, MLC obtained recovery on several nonpayment, lien claims, each for fees costing a fraction of the value of the claim. Recoveries on occasion came from contractors’ bonds required under the California licensing laws.

2011 Santa Clara County General Contractor Nonperformance Claim Against Subcontractor

Subcontractor sued general contractor for nonpayment. General contractor stopped paying due to subcontractor’s refusal to complete the work. MLC represented the general contractor and assisted him to negotiate resolution including subcontractor’s completing the work and general contractor’s partial payment of amounts claimed.

2011 Alameda County Commercial Condominium Nuisance Claim

Work of welding shop interfered with work of neighboring commercial music recording studio. MLC assisted owners to resolve differences through scheduling welding and recording activities at non-conflicting times.

2011 Marin County Wrongful Death Defense

Laborer died during excavation under power lines. His survivors sued the excavator operator claiming boom came too close to high power lines causing arc and electrocution of laborer. MLC defended until able to persuade employer to accept operator’s defense and pay MLC’s past fees. MLC then oversaw matter to resolution using all insurance carrier money.

2011 Contra Costa County Mechanical Contractor Dissolution

After successful 35-year run, owners of union mechanical contractor shop decided to close shop. MLC assembled team to advise on tax and estate planning issues, while MLC provided strategy for handling potential future asbestos claims and unions’ calls for contributions to fund projected shortfalls in reserves to pay union members’ pension benefits.

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2010 Construction Defects Trial

From September 13 to November 17, 2010 the MLC team lead by Dan McLennon tried a multi-party construction defect case on behalf of a major regional general contractor to an Alameda County jury. In week two of this eight-week trial, the plaintiff city settled with the general contractor for $3.2 million. Dan asked the jury for $3.2 million, and the jury awarded $3.2 million, to be spread among the defendants. Significantly, the contractor’s settlement with the city removed personal liability of the general contractor’s principals for over $1 million on a maintenance bond, and the jury allocated to the general contractor only 15% liability, while an architect, subcontractor, and supplier bore the rest. Insurance carriers funded 100% of the settlement amount, all of MLC’s Cumis counsel fees, and the general contractor’s expenses incurred in attending trial.

2010 Insurance Contribution and Bad Faith Claim

On behalf of an international general contractor, MLC obtained assignment of an insurance carrier’s contribution rights and sued a subcontractor’s insurance carrier for contribution and bad faith for failing to participate in the defense of its additional insured general contractor. Defendant insurance carrier paid $450,000.00. Client paid no out of pocket expenses and only MLC’s contingency fee.

2010 Commercial Landlord/Tenant Trial

After the first day of trial, MLC’s subtenant-client settled claims brought by the owner and the landlord-tenant for extensive damage found in the three-story, Chinatown brick building that housed the subtenant-client’s restaurant. Despite insurance policy exclusions, and over insurance carriers’ strenuous resistance, carriers funded 88% of the $1,012,500 settlement amount. Carriers also funded most of subtenant-client’s Cumiscounsel fees, and MLC is pursuing the balance from the carriers.

2010 Homeowner Claim for Defective/Incomplete Construction

Condo owner suffered water damage when contractor removed sprinkler head with water line still pressurized. Contractor failed to remedy the water damage and refused to complete the work. MLC assisted owner to recover directly from contractor’s insurance carrier for the water damage and from the contractor’s CSLB bond for the incomplete work. Owner was made whole at total cost of MLC fees of under $6500.

2010 Commercial Supplier Judgment

Wholesaler failed to pay Hong Kong commercial computer parts supplier for parts. MLC obtained judgment against wholesaler for failing to comply with discovery in full value of parts, plus pre-judgment interest for a total judgment of $233,000. MLC’s fees amounted to less than 18% of the judgment.

2010 ADA Claim

Professional ADA plaintiff sued mall owner in Federal Court for technical ADA violations. MLC negotiated on behalf of owner and settled suit for a total of $8885, which included plaintiff’s statutory attorney fees. Settlement was reached within two months of service of complaint and cost mall owner under $6,000 in MLC fees.

2010 General Contractor Claim against Defaulting Subcontractor

Steel fabricator and installer refused to perform on community college project and told general contractor it was quitting business. Fabricator refused to release $90,000 worth of already-fabricated steel–long lead items–claiming $360,000 was due from general contractor. MLC used writ of possession procedures to force fabricator to settlement table, and general contractor obtained immediate release of steel, suffering limited damage to construction schedule and paying only value of steel.

2010 Appeal Defense

The trial court granted MLC’s motion to disallow recovery of interest on money borrowed by opponent to post an appeal bond. The opponent appealed this ruling, and the Court of Appeal, in a decision published in the law books for the State of California, affirmed this win in the trial court below. MLC successfully defended this decision before the California Supreme Court. Please see results for 2012 for more information.

2010 Commercial Tenant Eviction

Client landlord’s nightclub tenant stopped paying rent and refused to settle and vacate space. Using unlawful detainer and civil action procedures, MLC obtained a judgment for possession and a judgment for $760,000 against the nightclub and against its owners personally. Total cost to client amounted to less than $30,000, about 40% of security deposit held by landlord.

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2009 Union Trust Fund Claim

For major regional general contractor, MLC defended union trust fund claim for benefits contributions unpaid by insolvent subcontractor and assisted client to settle civil action without having to appear in the lawsuit, for payment of less than fifty cents on the dollar, and for fees of less than $14k.

2009 Personal Injury Trial

After a week-long trial in Marin County, the jury awarded Christine Lee’s client, an injured automobile driver, a verdict double the amount of a statutory CCP Section 998 offer, entitling Christine’s client to enhanced cost recovery plus prejudgment interest. Congratulations to Christine for winning her first trial.

2009 Insurance Bad Faith Action

Craig Wallace settled an insurance bad faith action on behalf of a major general contractor as an additional insured for $155,000.00. The subcontractor carrier providing the additional insured coverage agreed to defend a defect action, provided defense counsel, then changed defense counsel three weeks before binding arbitration. With MLC serving as personal counsel overseeing the matter, the contractor defended itself, settled the defect arbitration, settled a companion civil indemnity action against subcontractors, and pursued the cost of these proceedings from the additional insured carrier. As a result of these proceedings and the bad faith action recovery, the client netted cash in excess of settlement payout and legal costs.

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2008 Insurance Bad Faith Action

On behalf of general contractor, MLC sued several insurance carriers that had named general contractor as additional insured yet failed to contribute to general contractor’s defense costs. MLC recovered $270,000 for general contractor, resulting in net positive recovery for the client in excess of defense costs in underlying action and cost to obtain recovery.

2008 Class Action against General Contractor for Home Improvement Law Violations

Within 3 weeks of being retained, MLC assisted a general contractor to obtain personal counsel at insurance carrier expense and to resolve a class action and construction defect case. The class of 350 customers brought suit under the Consumer Legal Remedies Act, alleging technical violations of the Home Improvement Contract Laws by the contractor’s form contract. Before MLC came on board, insurance-appointed counsel opined that clients were personally exposed for over $1.35 million in damages and attorney fees, leading clients to offer personal funds amounting to two times more than the amount the insurance carrier offered to contribute to resolve the matter. MLC convinced the clients to withdraw their settlement offer and convinced the carrier to fund the entire settlement, with no contribution by clients. Clients saved over $150,000, minimum, in settlement funds. MLC fees to clients amounted to under $10,000.

2008 Insurance Bad Faith Action

Sued property insurer on behalf of retired single woman whose home burned down. Carrier denied coverage claiming that client lied on insurance application. Case settled for an amount sufficient to pay total reconstruction costs, loss of personal property, emotional distress, and all of MLC’s fees.

2008 Real Estate Development Partnership Breakup

Within 3 months of retention, and without litigation, MLC resolved dispute among partners developing $20,000,000 Southern California commercial condominium project, allowing amicable breakup of the partnership and division of assets and property.

2008 General Contractor Termination

Assisted owner to terminate general contractor from $10,000,000-plus Pacific Heights remodel. Avoided litigation and resolved contractor claims in a workout agreement.

2008 Prevailing Wage Claim

Within 2 months of hire, obtained dismissal of subcontractor employee claims against general contractor for failure to pay prevailing wages. General contractor paid no money other than paying into escrow amounts owed by general contractor to subcontractor.

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2007 Apartment Building Construction Defect Action

Defended general contractor against claims of defects in 282 unit Oakland apartment building resulting in extensive water intrusion damage. Damages claims exceeded $12,000,000. Settled case using all insurance carrier money and obtained net cash recovery for client of nearly $600,000 in excess of MLC fees.

2007 Hotel Building Construction Defect Action

Served as personal counsel for major international construction company overseeing defense and insurance recovery for construction defect action alleging extensive water intrusion damage in 111 room hotel. Damages claims exceeded $3,500,000. Obtained defense for general contractor at expense of additional insured carriers and arranged settlement of entire action using solely subcontractor carrier funds, and recovered over $150,000 for general contractor in excess of settlement payout.

2007 Real Estate Fraud Action

Obtained summary judgment in favor of Marin real estate owner against claim in excess of $3,000,000 for alleged fraud in auction purchase of prime location parcel.

2007 Plumbing Partnership Break Up Action

Sued senior partner on behalf of junior partner plumber denied partnership profits and obtained net cash recovery for junior partner in excess of costs and MLC’s contingency fee.

2007 Partnership Break Up Arbitration

Following 2-day arbitration, MLC obtained six-figure recovery for partner frozen out of partnership by other partner.

2007 Commercial Tenant Flood Damage Action

Obtained substantial net cash recovery in excess of MLC fees and costs for commercial tenant against landlord after landlord failed and refused to maintain premises, allowing water to flood from one part of the building to tenant’s space, causing total destruction of inventory and business.

2007 Insurance Bad Faith and Declaratory Relief Action

On behalf of general contractor sued national insurance company for refusing to provide defense under additional insured endorsement. Within weeks of filing action obtained full, carrier-paid defense for general contractor.

2007 Preconstruction Services Claim

Defended owner’s delay claim for $285,000 and obtained $44,000 from owner on general contractor’s claim for unpaid preconstruction services.

2007 Underinsured Motorist Claim

On behalf of real estate developer and wife brought civil action against uninsured motorist who ran red light and injured developer’s wife. Obtained driver’s policy limits and recovered additional $100,000 from developer’s own underinsured motorist coverage.

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2006 Construction Defect Action and Related Insurance Coverage Action

Defended general contractor in water intrusion and defect action brought by movie complex owner. Brought bad faith and coverage action on behalf of general contractor as additional insured against bankrupt glazing subcontractor’s insurance carriers and obtained from them majority funding of settlement with owner, without participation by general contractor’s own carriers.

2006 Partnership Dissolution

Within three months of hire, without filing legal action, and for fees under $5,000, MLC negotiated buy-out of do-nothing partner in sports complex development firm for $75,000, out of future development money, against demand of over $150,000.

2006 Construction Claim and Defect Action

Representing electrical contractor in an action for unpaid extras, persuaded contractor’s insurance carrier to reverse declination of coverage and settle defect claims, and obtained recovery of MLC fees and net cash recovery for electrical contractor.

2006 Construction Claim

Within six weeks of homeowner’s retention, without further payment by homeowner obtained contractor’s full release of claims for extras while keeping open owner’s claims for potential future defects.

2006 Construction Defect Action

As personal counsel for international general contractor, pursued and obtained subcontractor carrier payment of 100% of settlement with owner, 100% of defense costs, including MLC fees, and cash recovery for general contractor arising out of hotel water intrusion claims, with no net participation by general contractor’s own insurance carrier.

2006 Preconstruction Services Claim

Brought civil action and obtained net cash settlement on general contractor’s claim for unpaid preconstruction services on proposed condominium complex.

2006 Personal Injury Action

Retained as new counsel for shipping business following unfavorable result in phase I trial, and within a week negotiated a settlement of phase I trial result and pending phase II trial.

2006 Partnership Dissolution

In two-day arbitration on behalf of partner wrongfully frozen out of sales partnership, obtained accounting and $100,000 damages plus costs of the arbitration from former partner who denied partnership existed.

2006 Real Estate Fraud Action

Filed, mediated, and settled within five months real estate developer’s action for seller’s misrepresentation of terms of tenant’s lease on property developer purchased. Developer recovered 100% more than the cost of the action.

2006 Construction Contract Breach and Defects Trial

Tried to San Francisco County jury for five weeks defense of homeowners against general contractor claiming extra charges. The jury on June 23, 2006 awarded the general contractor a verdict of $155,000, about one-third of its demand for $453,000. MLC’s trial team consisted of Dan McLennon, Marc Sherman, Craig Wallace, David Stein, Yelena Laudati, and Ryen Skaggs.

2006 Construction Contract Breach and Defects Trial

Tried to San Mateo County jury for five weeks claims of homeowner clients for breach of construction contract terms on price, schedule, and quality.  The jury on March 9, 2006 awarded the homeowners a verdict with a net value of approximately $1.1 million.  Previously the owners obtained settlement in the amount of $185,000 from the surveyor who mislocated the home.  MLC’s trial team consisted of Dan McLennon, Marc Sherman, Sandra Lovas, Craig Wallace, Yelena Laudati, and Ryen Skaggs.

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2005 LLC Dissolution and GC Termination

Assisted developer to terminate general contractor and remove him from an LLC developing six custom homes.  Within 45 days, MLC had filed a dissolution action, arranged mediation, completed mediation, and settled the general contractor’s $1.6 million claim for $90,000.00.  Total cost to the client for MLC’s fees was under $10,000.00.

2005 Construction Claim

Obtained $200,000 settlement for general contractor in mediation with owner on claim for unpaid pre-construction services.  Reached settlement in mediation before filing action, within eight months of retention, and for legal fees of under $20,000.

2005 Construction Company Purchase

Assisted three former employees to purchase competing construction company, including incorporating new purchasing company, corporate documents, buy-sell agreement, purchase agreement and amendments, obtaining new license, and review of real property needs. New company was fully operational within one month of engagement at a total legal cost of under $15,000.

2005 Construction Defect Claim

Defended electrical contractor in action brought by store owner/lessee arising out of subsidence and deflection damage to building of land owner/lessor. Claimed damages exceeded $4 million. Obtained dismissal with prejudice for payment of zero dollars.

2005 Insurance Bad Faith

Sued Farmers’ Insurance for wrongfully canceling policy on behalf of insured automobile owner who caused accident. Recovered 100% of personal injury and property damage claims of third party and insured plus approximately 85% of MLC’s fees.

2005 Construction Claim

Defended general contractor from claim of supplier for use taxes in excess of lump sum price. Obtained dismissal with prejudice in exchange for waiver of costs and discovery sanctions award.

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2004 Construction Contracts

Assisted licensed individual to start new construction company from scratch, including incorporation, corporate documents, buy-sell agreement, construction contracts, and forms for change orders and lien rights administration. Total time was under three months start to finish at a cost of under $10,000.

2004 Construction Contracts

Assisted general contractor on multifamily residential project to set up owner controlled insurance program covering general liability exposures of owner, general contractor, and subcontractors. Total time was under one month at a cost of under $10,000.

2004 Construction Claim

Defended general contractor in action by owner seeking over $1,000,000 in damages for alleged negligence and trespass resulting in over-extensive demolition of original structure. Settled matter within five months of hiring MLC for a total of $200,000 using entirely insurance company money, despite carrier’s refusal to accept or decline coverage. Also, obtained partial reimbursement from carrier for attorneys’ fees and costs incurred in defending action.

2004 Construction Claim

Sued owner on behalf of general contractor and obtained recovery of unpaid contract amounts for nearly-completed project. Action included the contractor’s claims against the owner, two subcontractors’ lawsuits, the contractor’s claims against a trust and an estate, and the contractor’s legal malpractice claim against former attorneys. Amount owing on contract was about $331,000 and recovery was valued at $543,000, including interest, attorneys’ fees, and other consideration. Settlement was reached within five months of hiring MLC.

2004 Construction Contract Dispute

Obtained reinstatement of contract without litigation for general contractor after termination of contract by housing authority, and assisted in clarifying contract punch list items vs. noncontract extras. Project was completed and final payment was received within three months of hiring MLC.

2004 Construction Defect Claim

Defended plumber against alleged drainage defects in decks and balconies of Hillsborough home. Result: Paid $15,000, all carrier money, out of $750,000 settlement.

2004 HOA Manager Fraud/Construction Defect Claim

On behalf of home owners’ association, sued management company and unlicensed, impecunious contractor it hired for work contractor billed but did not perform and for defects in work contractor did perform. Result: Obtained settlement and sanctions totaling $88,000 representing approximately 70% of total claim.

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2003 Licensure Defense

Responded to CSLB under reporting requirements on behalf of license holder and corporation convicted of crimes related to removal of asbestos. Result: CSLB closed investigation, issuing no discipline.

2003 Insurance Bad Faith Claim

Sued employment practices liability carrier for wrongful rescission of policy and refusal to pay defense and indemnity in claims against national employer. Result: Obtained $250,000 settlement representing 100% of costs of defense and indemnity plus MLC’s fees.

2003 Construction Damage Claim

Defended contractor against hirer’s neighbor who sued for trespass and destruction of trees. Result: Obtained dismissal for waiver of costs.

2003 Insurance Bad Faith Claim

On behalf of contractor sued by hirer’s neighbor for trespass and destruction of trees, sued general liability insurance carrier for costs of defense. Result: Recovered fees and costs of defending underlying suit.

2003 Construction Contract, Fraud and Defect Claim

Defended contractor in suit by hiring owner who claimed contractor breached contract and fraudulently represented low cost estimate for lead abatement and remodeling project. Owner also claimed contractor caused leaks that stained sheetrock. Result: Settled case using 75% insurance money when carriers contended covered damage was small percentage of damage.

2003 Construction Claim Mediation

Assisted parties without lawyers to resolve $125,000 construction claim. Result: Parties reached agreement within 30 days without litigation for total cost of about $5000.

2003 Insurance Bad Faith Claim

Sued Blue Shield on behalf of insured for wrongful cancellation of health insurance policy. Blue Shield canceled policy claiming that insured had failed to disclose he had treated for a cold. Result: Early settlement, with policy reinstituted, past premium waived, payment of interest, attorneys’ fees, and damages for emotional distress.

2003 Construction Payment Claim

Pursued lien foreclosure action of foundation contractor against developer. Result: Stipulated judgment to be funded at close of escrow.

2003 Product Defect

Defended manufacturer/distributor of latex examination gloves manufactured in Malaysia against claim of orthodontic patient claiming Type I latex allergy developed from exposure to gloves on hands of orthodontist and dental assistants over four-year period. Result: Settled for fraction of costs of defense and eliminated equitable indemnity claims of other manufacturers and distributors through finding of good faith settlement.

2003 Assault/Battery/False Imprisonment/Negligence

Hired by professional client as “Cumis counsel” to represent professional’s interests while maintaining reporting relationship to professional’s insurance carrier defending under a reservation of rights. Plaintiffs sought more than $24 million for loss of earnings, medical expenses, pain and suffering, loss of consortium and punitive damages. Result: Case was resolved to the satisfaction of all parties prior to trial.

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2002 Broker Negligence

Pursued claim against broker and insurance carriers for coverage for three employment claims against national employee leasing company. Result: Recovery of over 90% of costs of defense and indemnity paid on underlying claims.

2002 Wrongful Death

Defended national general contractor in post-construction wrongful death action by family of concertgoer who fell to his death from stands during rock concert. Defended against owners’ demand for total indemnity. Pursued indemnity claims against designers and subcontractors. Result: Settlement funded by all parties while avoiding owner’s demand for 100% defense and indemnity.

2002 Unfair Competition

Defended startup construction company and principal against claim for breach of employment contract, breach of fiduciary duty, unfair competition, and preliminary injunction brought by former employer general contractor. Result: Stipulated judgment with agreement not to enforce for a period of years.

2002 Construction Injury

Defended international general contractor against claim for $5.5 million by painter whose foot was crushed by scissors lift driven by general’s superintendent. Result: $1.5 million settlement at courthouse funded approximately 85% by insurance carrier for painter’s employer.

2002 Construction Dispute

Defended owner and general contractor who fired foundation contractor for shoddy work. Subcontractor liened the property. Result: Early settlement with subcontractor for actual work done less costs of repair.

2002 Construction Injury

Defended international general contractor in action by pedestrian struck by molten slag falling from welding on frame of window two stories above. Sued welding subcontractor for indemnity and filed declaratory relief action against subcontractor’s carrier for bad faith and breach of contract. Result: Settlement with plaintiff funded fully by subcontractor’s insurance. Recovery in full of general contractor’s defense costs.

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2001 Shareholders’ Dispute

Represented member of LLC against claim of member for accounting and to set ownership interests in binding arbitration. Result: Partial recovery of attorneys’ fees and costs and minimal transfer of ownership interests to other member.

2001 Construction Claim

Defended general contractor against owners’ action for construction defects claimed in excess of $1.25 million. Also pursued owner for payment of general contractor’s retention, interest, and penalties, and pursued subcontractors for indemnity. Brought declaratory relief and bad faith action against subcontractors’ carriers. Result: Settled during trial with payment to owner funded fully by subcontractors’ carriers.

2001 Landlord Tenant, Construction Dispute

Defended owner against temporary restraining order and injunction sought by tenant to preclude seismic upgrade work in tenant’s suite. Result: Injunction denied, and tenant relocated pursuant to lease.

2001 Neighbors’ Construction Dispute

Defended developer against neighbor’s $1 million + claim for trespass and destruction of stand of ancient redwood trees during construction. Also represented construction superintendent in action against neighbor for assault when neighbor threatened superintendent with a 9 mm Beretta handgun if he entered property again. Result: Fair payment for tree damage and monetary recovery for superintendent’s emotional distress.

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