Treven I. Tilbury

Partner

621 Capitol Mall
18th Floor
Sacramento, CA 95814

Areas of Law:

Litigation, Construction

Admitted to Practice in:

California

Treven Tilbury comes from a contracting family, and has practiced construction and real-estate law for nearly a decade. He has represented owners, contractors, subcontractors, material suppliers, designers, lenders, and sureties in virtually every aspect of construction and real-estate litigation. Whether involving liens, bonds, stop notices, scope-of-work disputes, delay claims, or defects, he has the knowledge and experience to assist his clients.

Treven has also drafted and reviewed construction contracts for numerous clients over the years to assist in their efforts to negotiate more favorable contract terms. From material supply contracts to subcontracts to general contracts to design contracts, he has the expertise to identify common trouble spots between contracting parties, and to give his clients guidance while negotiating the best available deal and minimizing risk.

On countless occasions he has given clients counsel as disputes arise on construction projects to avoid construction claims and reduce the chance of litigation. With Treven's experience in litigating construction disputes, he has a clear understanding of the costs and benefits of attempting to resolve claims amicably as opposed to litigation. Having watched his parents' company wrestle with construction disputes over the years, Treven has a rare perspective on the effects extended litigation can have on a company involved in such litigation, including both the financial cost as well as the distraction of resources. If litigation becomes necessary, whether the dispute involves a private or public project, he has a track record of proven success.

Experience

Represented owners, contractors, design professionals, bonding companies, subcontractors and materials suppliers in all facets of contract negotiations, contract drafting, and construction claims disputes.

Extensive experience in mediation and binding arbitration, including as lead counsel.

Lead outside counsel to general contractor involved primarily with Federal projects for public works on military bases.

Lead outside counsel to structural steel erector in various construction claims disputes, including binding arbitration resulting in award of entire claim, plus fees, costs and prompt payment penalties.

Lead outside counsel to Developer of $150 million+ in real estate in 20+ states.

Lead outside counsel for regional steel deck installer.

Lead outside counsel for Northern California apartment complex owner.

Lead outside counsel for charter airline with offices across the United States.

Construction counsel to developer owning more than 1 million square feet of industrial and commercial space in Sacramento area.

Counseled local Reclamation District in dispute avoidance for multi-million dollar flood-control project.

Assisted public utility in successfully defending construction claim by General Contractor, and pursuing false claims countersuit.

Represented manufacturer of fire equipment in public-contracting dispute.

Prosecuted stop-notice enforcement action, resulting in settlement for full recovery of unpaid contract amount against a state agency and a multinational telecommunications company on the San Francisco-Oakland Bay Bridge Automated Toll Plaza project.

Assisted with representation of national lumber and building materials supplier in $1 million lien claim related to San Jose 's Santana Row project, and resulting in very favorable outcome.

Assisted in drafting California Supreme Court brief challenging California redistricting plan.

Assisted in successfully defending national engineering firm in $100 million + flood litigation involving alleged design defects.

Assisted in representation of general contractor in $20 million public work dispute.

Assisted in successfully representing international cement company in complex and contentious real property litigation involving real and personal property secured transactions, judicial and nonjudicial foreclosure, multiple post-foreclosure unlawful detainers, and obtaining multiple temporary restraining orders and injunctions.

Advised owners, contractors, design professionals, subcontractors, and materials suppliers on all facets of construction disputes, including claims avoidance, recording of liens, service of stop notices, prosecution and defense of lien, stop notice and prompt-payment penalty claims, and prosecution and defense of bond actions.

Represented, or have assisted in representation of, clients in virtually all facets of pre-trial civil litigation, including discovery, provisional remedies, motion practice, and mediation and negotiations.

Extensive motion practice including making and/or opposing demurrers, motions for summary judgment and adjudication, ex parte applications for temporary restraining orders, injunctions, motions to compel, motions to strike, motions to quash, and writs.

Successful representations of landlords and tenants in numerous complex landlord-tenant disputes, including filing and defense of unlawful detainer and breach-of-lease actions.

MEMBERSHIPS

Sacramento County Bar Association, Construction Law Section, Member

Association of General Contractors, Legal Advisory Committee, Member

EDUCATION

University of the Pacific, McGeorge School of Law (J.D., 2000)

University of California, Santa Barbara (B.A., 1997)

PRESENTATIONS

Claude Rohwer, Author of “Contracts in a Nutshell,” Research Assistant

PUBLICATIONS

Downey Brand LLP, Construction Law Update, "New Year Brings New Rules for Mechanic's Liens," October 2010, Author

Downey Brand LLP, Construction Law Update, "Lagging Economy and State Budget Woes Create a Trend in Publicly Bid Projects That Has Public Entities and Contractors Feeling Troubled," August 2010, Author

Downey Brand LLP, Construction Law Update, "Life in the Fast Lane: Contracting Without a Proper License," March 2008, Co-Author

CHARITABLE

Northern California Chapter of the Make-A-Wish Foundation, Advisory Council of Greater Sacramento, Chair

Northern California Chapter of the Make-A-Wish Foundation, Advisory Council of Greater Sacramento, Major Gifts Committee

Northern California Chapter of the Make-A-Wish Foundation, Advisory Council of Greater Sacramento, Winter Wine & Food Fest Committee