Overview

Rob is among Southern California's leading construction lawyers devoting himself to the efficient resolution of construction claims disputes, primarily on behalf of owners and contractors, on projects ranging from hospitals to highways, high rises to hotels and resorts, solar to sewage treatment, and from retail to residential. 

Vindicating Owners, Contractors, And Others In Construction Disputes

Rob's clients are project owners, EPC and other prime contractors, construction managers, lenders, subcontractors, and other project participants in disputes ranging broadly in size and sophistication on both public and private works. Among the claims categories he resolves are scope of work disputes, design professional liability, delay, acceleration, disruption, productivity, lien and bond enforcement, change orders, defective work, terminations, differing site conditions, licensing, and bid protests. Rob works closely with some of the finest expert consultants in their fields and has participated in the resolution of claims involving diverse legal theories and damage recovery methodologies, including total cost and measured mile. 

An Effective Advocate

Rob works closely with project representatives and experts to evaluate thoughtfully the merits of claims and establish reasonable parameters for their resolution during constructions and project closeout, and following project completion. By attention to detail and thorough preparation, Rob draws upon his extensive experience to skillfully develop strategies to maximize the potential for early resolution of claims, through negotiation and mediation. 

When Litigation Becomes Necessary

Rob's experience includes the prosecution and defense of claims through trials in Federal and State courts, arbitrations, board hearings, and appeals. Rob also has extensive experience seeking provisional remedies to secure recoveries, such as writs of attachment, and in the collection of judgments.

Experience

  • Assisted construction project participants in the negotiation of project closeout disputes before and during litigation.

  • Assisted in the representation of contractor in connection with claims at Corona Community Hospital and project suspension. Simultaneously prosecuted claims against the project architect and its design consultants.

  • Defended a solar energy generator against extensive claims by prime contractor over construction of solar energy generating stations in desert.

  • Defended a developer of multi-family development located in San Pedro, California in connection with a breach of construction contract action, which converted into a cross-claim for construction defects against the general contractor. Additionally, defended multiple subcontractor claims.

  • Defended the interests of a major Asian contractor in connection with complex litigation over a large residential project.

  • Defended a national general contractor against defective construction claims by water district arising from nitrification facility at Torrance oil refinery.

  • Defended an owner/developer of Burbank high-rise office building in connection with lien and various contract claims arising from restaurant/tenant improvement project.

  • Defended a publicly traded residential developer in series of arbitrations with homeowners in San Diego County.

  • Defended a subsidiary of publicly traded EPC firm in a four-year bench trial against subcontractor arising from City of Glendale C.E. Perkins administration building project. Received defense judgment and received award of all requested attorney's fees and expert costs.

  • Defended a large national contractor at trial on seven-figure total cost claim by mechanical subcontractor arising from project at Eisenhower Medical Center. Judge threw out total cost claim.

  • Defended a national general contractor against subcontractor claims arising from expansion and modernization of Orange County Sanitation District sewage treatment facilities.

  • Defended a national homebuilder in complex multi‑party action against homeowner claims arising from large residential development in San Diego County.

  • Defended a subsidiary of publicly traded EPC firm against construction defect claims arising from construction of a Yokohama Tire warehouse. Client prevailed on summary judgment and was awarded its attorney's fees.

  • Prosecuted claims by a general contractor against the owner of large multi-story nightclub and restaurant. Defended claims of nightclub owner.

  • Prosecuted complex claims including for impacts/delay and design deficiencies, among many others, by the owner of residential lofts development in Long Beach against design professionals and the general contractor. Recovered substantial damages through mediated settlements.

  • Prosecuted multi-million dollar claims on behalf of a national contractor against subcontractor and performance bond surety arising from defective work on an Indian hotel and casino.

  • Recovered multi-million dollar settlement from a city on behalf of a general contractor in connection with claims for unpaid contract balance, improper termination, defective design, and impact/delay claims against a city arising from $18 million sports facility. Defended against alleged False Claims Act violations.

  • Represented an EIFS subcontractor in connection with payment claims arising from hotel/casino project.

  • Represented a well-known juice retailer in connection with numerous claims stemming from defaulted and insolvent contractor on several stores.

  • Represented a design-builder over claims arising from sewage treatment and cogeneration facilities constructed for the City of Stockton.

  • Represented a program manager, in connection with claims arising from North Hollywood Police station project.

  • Represented an international clothing retailer in connection with various construction claims arising from the build-out of California stores.

  • Represented a New York based real estate investment fund in complex multi-party litigation in Los Angeles arising from mixed-use project in San Pedro. Case involved project abandonment by general contractor and resulting claims by investor partner, which took over and completed project with replacement forces.

  • Successfully represented the owner of a five star resort in Rocky Mountains in connection with substantial claims against design professionals.

  • Successfully defended a low bidder contractor in writ proceedings (bid protest) in Alameda County Superior Court arising from $25 million highway project.

  • Successfully defended the owner of desert solar power project against multi-million dollar claims by an EPC contractor. Claims were resolved through mediation.

  • Tried action to verdict in North San Diego County on behalf of a prime cathodic protection contractor. Received defense verdict on complaint by subcontractor and prevailed on cross-complaint. Achieved full recovery of judgment following marshall's seizure of subcontractor's heavy equipment.

  • Trial in federal district court on claims by oil rig operator arising from failed wire rope and damage to fallen oil rig mast.

  • Recovered a substantial settlement for the general contractor in connection with the Big League Dreams project in Chino Hills. The project included six claims arising out of the construction of replica major league stadiums, turnstile entrance, restaurants, bars, batting cages, corporate offices, indoor soccer arena, volleyball courts, skateboard park, and other features.

  • Successfully defended an owner against a $3.4 million claim by a trade contractor on high-rise, multi-prime project following rulings on motions that because contractor was not licensed for substantial scopes of work it performed it must disgorge payments.

  • Represented an owner designing a luxury resort in Utah in its efforts to remove a mechanic's lien via a lien release bond on the grounds that the consultant had not served a preliminary notice as required under Utah law and could not simultaneously seek to recover on the lien release bond and to foreclose on the property. Utah trial court first ruled that the bond was substitute security and consultant could not simultaneously proceed on its claim to foreclose on the lien, and later ruled that the lien was invalid since a preliminary was required – resulting in exoneration of the lien release bond and the recovery of attorney's fees.

  • Defended a major construction lender against mechanic's lien priority claims and bonded stop notice claims arising from borrower-owners' failures to manage projects.

  • Defended various lessor-owners against mechanic's lien and other claims against tenants, including restaurants and big box retailers.

  • Represented an office building owner in mechanic's lien lawsuits by general contractor and subcontractors when tenant failed to pay contractor for work for restaurant to be opened at the client's office building.

  • Assisted in the successful prosecution of claims by a general contractor against CalTrans in connection with freeway seismic retrofitting program.

  • Protested invalidation of low bid by Port of Long Beach on behalf of a national dredging contractor.

  • Represented a general contractor, in successfully withdrawing from a public contracting bid it had submitted to UCLA after realizing that errors in its bid calculation spreadsheet had caused it to drastically underbid, and that it would lose millions if awarded the contract.

  • Represented a developer client in connection with the mismanagement of a construction project located in San Pedro, California, asserting claims for breach of contract, express contractual indemnity, and declaratory relief.

  • Represented one of California's largest residential/commercial developers in defending and prosecuting numerous multi-million dollar delay and disruption claims in projects throughout Southern California, including multiple luxury high-rise condominium projects, mixed-use projects and townhomes. The litigation included the prosecution (and defense of) claims against general contractors, subcontractors, engineers, architects, and others involved in the projects.

  • Represented a residential builder in multi-million dollar construction claims case against major general contractor. The project involved condominiums in residential towers in Marina Del Rey. The lawsuit involved mechanic's lien claims, as well as delay claims, change order claims, claims involving completion of construction and punch list work, and a smoke transfer claim. Obtained substantial settlement with general contractor and numerous additional settlements with subcontractors and suppliers.

  • Represented a grocery store chain in connection with counterfeit product, trademark infringement, and unfair competition claims (Lanham Act).

  • Represented a large cement company with respect to civil investigative demands and antitrust investigation.

  • Represented a textile manufacturer in connection with trade secrets claims.

  • Represented a travel insurance company in connection with claims that online system of purchasing policies had been misappropriated.

  • Represented a women's sportswear company in connection with cyber-squatting claims relating to use of company name.

  • Served as local counsel to a New York law firm in connection with patent infringement cases involving ground fault circuit interrupters.

  • Obtained an arbitration award for an LLC who sued members who failed to make their capital calls. Defended against partners' claims that the managing member had breached his fiduciary duty by employing employee in violation of wage and hour laws and then incuring substantial attorney's fees in defending and settling a lawsuit by the employee for wage and hour and discrimination claims.

  • Prosecuting and defending claims on behalf of owner of substantial apartment complex project in San Jose, California.

  • Recovered more than $4.3 million for a national contractor in federal court following claims against subcontractor and performance bond surety arising from defective work and delay on an Indian hotel and casino.

  • Represented general contractor in obtaining substantial recovery from owner of Beverly Hills mega estate project.

  • Achieved favorable settlement for owner of high-rise on builder’s risk policy claims following lengthy arbitration.

  • Successfully defended national design firm in connection with claims arising from California High Speed Rail project. Case is on appeal before Ninth Circuit.

  • Prosecuted and defended against claims as part of complex litigation on behalf of owner of large Northern California multi-residential complex. Recovered eight figure settlement during the third phase of a three-phased trial. Claims centered on delay, liquidated damages, defective and incomplete work, contractor termination, lien claims and surety bond recovery.

Insights

News

Speaking Engagements

Publications

Awards & Affiliations

Honors & Recognitions

2021 Top Rated Litigator, The American Lawyer

Recommended Attorney, Real Estate - Construction, Legal 500 USA, 2017-2021

Who's Who Legal: Construction, 2017-2022

Southern California Super Lawyers, 2012-2022

Professional Affiliations

State Bar of California

Associated General Contractors of California, Legal Advisory Committee

Los Angeles County Bar Association, Real Property Section

Bar & Court Admissions

  • State Bar of California
  • U.S. District Court for the Central, Eastern, Northern, and Southern Districts of California

Education

J.D., University of Southern California, Gould School of Law, 1982

B.A., University of California, Los Angeles, 1979

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