Real Estate / Construction Litigation
The firm is expert in construction litigation, having represented owners, lenders, contractors, subcontractors, architects and others engaged in the building industry. The firm has represented the owner of one of the largest medical centers in the United States in connection with the construction of a new hospital, a city in connection with the building of a new high school, the owner of 6 apartment buildings in Hollywood against his construction manager, the owner of a former lockdown psychiatric facility against its seller in a case dominated by construction issues, HOAs against builders/developers/repairers of condominium, the developer of a condominium against his builder, and several residential owners against contractors and insurance companies.
The firm has also represented large construction and construction management firms in connection with office building projects, hotel construction projects, major infrastructure projects, joint venture agreements and virtually every other kind of commercial construction venture. The firm has handled disputes relating to the scope of the work, time, calculation of cost, change orders, interpretation of contract documents, specifications, industry standards, quality of materials and many other issues.
The firm is thoroughly familiar with the California mechanic’s lien law, issues of negligence and professional liability involving architects, construction managers, contractors, electricians, plumbers, excavators and many other trades, bonding and surety issues, scheduling issues including critical path analysis. The firm has handled cases arising from every commonly used form of construction contract including cost (time and materials) plus, guaranteed maximum price and various hybrids. The firm is familiar with the AIA standard terms and conditions and other generally utilized forms of practice. The firm has a published opinion in the Ninth Circuit holding that the payments to a construction manager are entitled to priority as wages in bankruptcy proceedings. Robert Baker has also authored an article on duties owed amongst construction industry professionals.
The firm has also represented purchasers and sellers of residential property in escrow facing obstacles to closing such as: loan approval, foreclosure, short sale issues, loan servicing issues, inspection issues, mold issues, title issues, lot line questions, encumbrances, possession problems, repairs, broker liability, moisture intrusion and many other issues.
The firm has also represented commercial tenants and landlords in lease negotiations and in dozens of lawsuits arising from commercial leases.