Representative Case Summaries

Representative Case Summaries:

Long Painting Company v. American Civil Constructors West Coast

• Oroville, CA, Superior Court, 2008
• Trial counsel for plaintiff Long Painting Company
• Claim: Prosecution of $5 million claim for delay, inefficiencies and changes.
• Project subject: $21 million construction of steel bridges
• Dispute lasted over three years with active litigation for two years.

Settled in mediation, Ninety days prior to scheduled jury trial.

United States of America and the State of California Ex Rel Mike Stierli v. Shasta Services, Inc. dba Timberworks

• Sacramento, CA, District Court, 2006
• Trial counsel for defendant Timberworks
• Claim: Defense of $3 million qui tam action for alleged federal false claims, state false claims, and RICO violations.
• Project subject: Caltrans project constructing new weigh facility
• Action summarily dismissed through law & motion after multiple years of litigation.

Reported At: U.S. v. Shasta Services, Inc. (2006) 440 F.Supp.2d 1108

Tutor-Saliba/Perini, J.V. v. Los Angeles County Metropolitan Transportation Authority

• Los Angeles, CA, Superior Court, 2001
• Trial counsel for MTA
• Claim: Defense of general contractor claims and prosecution of FCA cross-claims.
• Project subject: MTA four station and connecting tunnel subway project
• Litigation and jury trial. Interim results sealed by Court order until case completed.

Adtechs v. Kaiser Hanford

• Richland, WA, U.S. DOE Private Mediation, 1996
• Trial counsel for Adtechs
• Claim: The parties each claimed $20 million. The dispute involved scope changes not apparent at the 60% and 100% design review stage, and changes delaying the work and causing inefficient construction. The government claimed delay costs, scope deficiencies, a lack of technical performance and warranty claims.
• Project subject: $40 million design/build project for U.S. DOE to treat mixed (chemically and radioactively contaminated) water influent, Hanford, Washington.
• The dispute lasted over two years with active litigation for one year.

Mediated settlement

Torno v. California Department of Water Resources

• Sacramento, CA, Office of Administrative Hearings, 1996
• Co-trial counsel for DWR
• Claim: $17.3 million claim by general contractor and several subcontractors involving inefficiency and delay claims, retained funds, and change order disputes. DWR filed a cross complaint.
• Project subject: Construction of Pear Blossom Pumping Plant
• Dispute lasted over three years with active litigation for two years.

Negotiated settlement.

Ebasco v. California Department of Water Resources

• San Francisco, CA, Office of Administrative Hearings, 1995
• Co-trial counsel for DWR
• Claim: $19 million claim by general contractor and several subcontractors involving inefficiency and delay claims related to penstock construction, excavation, differing site conditions, concrete mix design, retained funds, and change order disputes. DWR filed cross complaint. Owner claimed liquidated damages and completion costs.
• Project subject: Construction of Devil Canyon Power Plant
• The dispute lasted two years with active litigation for two years. Eight month arbitration.

Swinerton & Walberg v. California Department of Corrections

• Sacramento, CA, Office of Administrative Hearings, 1991
• Co-trial counsel for CDC
• Claim: $8 million claim by general contractor for delay, inefficiency and scope changes. Owner filed cross complaint for liquidated damages and completion costs.
• Project subject: Construction of the Corcoran Maximum Security State Prison
• The dispute lasted two years with active litigation for two years. Four month arbitration.

NVE Constructors v. California Department of Corrections

• Sacramento, CA, Office of Administrative Hearings, 1991
• Trial counsel for NVE Constructors
• Claim: $8 million claim by general contractor and sponsored subcontractor claims involving retained funds, change order disputes, inefficiency and delay claims.
• Project subject: $27 million construction of Blythe Prison, bid pack 4
• Dispute lasted over four years with active litigation for two years.

Negotiated settlement.

F&H Construction v. El Dorado County

• Sacramento, CA, American Arbitration Association, 1990
• Trial counsel for El Dorado County
• Claim: $2 million claim by general contractor for delay, inefficiency and scope changes. Owner claimed liquidated damages and completion costs.
• Project subject: Security control for new El Dorado County jail
• The dispute lasted two years with active litigation for two years. Twenty-eight days of testimony. Defense verdict.

Continental Heller v. California Department of Corrections

• Sacramento, CA, Office of Administrative Hearings, 1989
• Co-trial counsel for CDCClaim: $17 million claim by general contractor for changes, delays and inefficiencies. Owner filed cross complaint for construction defects and liquidated damages.
•  Project subject: Construction of the Tehachapi Maximum Security State Prison
• The dispute lasted two years with active litigation for one year. Two month arbitration.

Appeal of Pitt-Des Moines

• Hanford, WA, DOE BCA, 1985
• Trial counsel for PDM
• Claim: $2 million claim by steel fabricator for changes, delays and inefficiencies in the fabrication and installation of nuclear fuel examination cell liners
• Project Subject: $4 million processing plant (nuclear) project
• Fifty-five days of trial testimony