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

Successfully arbitrated claims against a design professional in connection with surveying errors resulting in substantial claims from having to demolish portions of a structure and move its basement and foundations. Client recovered substantially all of its damages sought.

Successfully represented owner of large multi-family residential project in San Jose during three-phased, multi-party trial against general contractor, subcontractors and performance bond surety over liquidated damages/delay, change order disputes, termination and performance bond claims resulting in defeating the contractor’s multi-million-dollar contract balance and recovery of a settlement valued at more than $10 million.  

Represented contractor in connection with an action to recover money owed by a Homeowners Association for work performed to repair and restore a condominium complex following a fire. After more than three weeks of trial, Rob’s team received an award for 100% of the requested damages plus attorneys’ and expert fees, and pre-judgment interest. Rob and the Cox Castle team settled the case quicky thereafter achieving a near total recovery.

Represented credit union in claims against a design-builder hired to construct its new corporate headquarters campus comprised of a Class A office building, parking structure, walking paths, outdoor meeting spaces, and other amenities in California. The project suffered an approximately three-year delay and substantial cost overruns due to design errors and omissions. Rob and the Cox Castle team served as litigation counsel in connection with the dispute and successfully guided the client to a negotiated settlement.

Represented public entity in connection with the prosecution of design error and omission claims against the architect and certain of its consultants arising from the design and construction of a multimillion-dollar detention center in California. The client sought recovery of amounts paid to the general contractor and others resulting from alleged design errors and omissions. Rob and the Cox Castle team resolved the case through settlement.

Represents the façade contractor in connection with the construction of a billion dollar condominium and commercial project in Los Angeles adjacent to LA Live, in which the client was contracted to perform the window and glazing on the exterior of the project. When the project was shut down, Rob and the Cox Castle team was retained to record a mechanic’s lien and pursue a claim for, among other things, breach of contract and foreclosure.

Rob has extensive experience representing developers of mixed use and multi-family low and high-rise projects. As an example, Rob and his team represented a developer in a matter arising from the construction of a 264 unit affordable senior apartment complex in Northern California. After years of extensive litigation with the general contractor over construction delays, the CCN team achieved a successful settlement.

Represents the owner in connection with construction of a mixed-use project comprised of 72 multifamily units and approximately 6,500 square feet of commercial space as litigation counsel. During construction the contractor abandoned the work resulting in termination for cause. Rob and the Cox Castle team’s representation in complex litigation includes pursuing claims for payment against the general contractor and various sureties arising from extensive delays, scope of work/change order disputes, defective work and lien claims.

Recovered substantial settlement from design professionals during litigation arising from five-star mountain several hundred million dollar resort in Utah during litigation.

Represented owner of downtown Los Angeles residential high-rise in connection with disputes with a multi-prime contractor.  Prevailed on licensing issues resulting in contractor foregoing its several million-dollar contract balance and expunging its mechanic’s lien.

Has represented owners of senior living facilities in Orange and Los Angeles Counties involving multiple care levels in scope of work, lien, and payment disputes.

Represented solar project owner in connection with disputes with EPC contractor arising from concentrated solar power technology involving use of mirrors (heliostats) to direct the sun’s energy on a receiver creating steam to drive traditional turbine engines. Rob’s team eventually secured a favorable mediated settlement.

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 against total cost claim by mechanical subcontractor arising from project at Eisenhower Medical Center. During trial, the judge threw out total cost claim forcing favorable and nominal settlement.

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

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, 2017-2024

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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