Construction
With decades of experience in every facet of construction law, Downey Brand’s Construction Law Practice Group represents all players in the construction process, including owners, general contractors, architects, engineers, subcontractors of every tier, materials suppliers, and sureties. Our experience spans both public and private works, and includes the entire construction spectrum from heavy civil, roadway, water, power plant, and other infrastructure projects, to steel high-rise structures, to site improvement and development projects.
We help our clients devise practical solutions to problems that may arise during the earliest phases of project conception and design, through contract drafting, bidding procedures and protests, and dispute management during design and construction. Where disputes cannot be avoided, our group has extensive experience with litigating virtually every category and subcategory of construction disputes. Scope-of-work disputes, change order battles, critical path delay claims, design conflicts, project close-out, warranty and defective work claims, payment and performance bond issues, and prompt-payment disputes are frequent subjects of our practice. After construction is complete, we are equally well-versed in indemnity and insurance coverage issues associated with construction defect claims.
In addition to the construction-specific attorneys in the group, we can tap into Downey Brand’s numerous other practice-area practitioners, including those from our corporate, tax, water, environmental, land use, real estate, and employment law practice groups. The attorneys in these groups work seamlessly to bring the right expertise to bear on any problem our clients may encounter.
Downey Brand has the largest litigation practice of any firm in the Sacramento and San Joaquin Valley. Consequently, our group can easily buttress its own considerable litigation experience in cases with larger staffing demands. Our experience in virtually every state and federal court in California means that Downey Brand’s practice is well-suited to handle cases located throughout the state.
Through participation in community affairs and representation of clients, we have a wealth of practical knowledge and contacts to help facilitate any transaction.
Additionally, members of the Construction Group not only keep current with evolving changes in the law but often take the lead by making presentations and speeches to interested groups and writing papers for publication in leading law and industry journals. Beyond keeping abreast of the legal side of the construction industry, our attorneys participate in several trade organizations to appreciate our clients’ viewpoints and concerns.
Selected Experience
Selected Experience
- Lead counsel for a school district in connection with approximately $70 Million in new school construction. The general contractor overbilled the district millions of dollars and abandoned the projects. Successfully mediated 13 subcontractor claims in 3 days. Downey Brand successfully brought claims against the general contractor, its principals, an assistant superintendent of the district, and the general contractors’ accountants.
- Represented general contractor in a $20 million dollar termination for default case against a large California state agency which involved critical path delay and additional scope of work disputes.
- Successfully represented numerous general contractors against Caltrans for delay and extra work claims resulting in multimillion-dollar settlements for our clients.
Trade Groups
Trade Groups
- Association of Commercial Real Estate (ACRE)
- Associated General Contractors of California (AGC)
- Builders’ Exchange of Stockton
- International Council of Shopping Centers (ICSC)
- North State Building Industry Association (BIA)
- Real Estate and Construction Networking (RECON)
- United Contractors
- Urban Land Institute (ULI)
- Lead counsel for a school district in connection with approximately $70 Million in new school construction. The general contractor overbilled the district millions of dollars and abandoned the projects. Successfully mediated 13 subcontractor claims in 3 days. Downey Brand successfully brought claims against the general contractor, its principals, an assistant superintendent of the district, and the general contractors’ accountants.
- Represented general contractor in a $20 million dollar termination for default case against a large California state agency which involved critical path delay and additional scope of work disputes.
- Successfully represented numerous general contractors against Caltrans for delay and extra work claims resulting in multimillion-dollar settlements for our clients.
- Successfully negotiated a resolution of a differing site condition claim on large bridge construction project. Dispute was negotiated mid-project as a result of the owner threatening to terminate the general contractor. Settlement resulted in owner granting additional days and compensation to our client the general contractor.
- Represented a private university against a general contractor for defect claims arising out of the construction of a new dental school, recovered over $28 million in settlements.
- Handled multiple differing site condition claims on behalf of general contractors.
- Pursued claims on behalf of a public entity against design professionals for defective design documents related to a micro tunneling project under the Santa Ana River.
- Represented general contractor in litigation against public entity over extra work and delay claims on a public university dormitory construction project.
- Successfully represented general contractor to collect outstanding amounts owed to client after several developers filed for bankruptcy protection. Collected all outstanding amounts owed to client, including interest and attorneys’ fees.
- Drafted and negotiated over $90 million worth of construction and design contracts for a dental school in San Francisco.
- Successfully defended general contractor in extra work claims arising out of a construction project at CSU Chico.
- Represented site improvement contractor in several lawsuits arising from failed subdivision projects. Recovered over $7.5 million.
- Represented subcontractor in multi-party complex litigation over multi-million dollar high school construction project.
Meghan M. Baker
Partner
Sacramento 916.520.5510
Kelly M. Breen
Kelly M. Breen
Partner / Co-Chair, Diversity Committee
Kelly Breen has a proven track record of helping clients navigate complex business issues with a common sense approach that achieves optimal results. She applies the right balance of aggressive advocacy, robust understanding of the law, and creative problem-solving to every case she handles.
Sacramento 916.520.5485
Partner
Sacramento 916.520.5485
Jamie P. Dreher
Partner
Sacramento 916.520.5478
Cassandra M. Ferrannini
Partner
Sacramento 916.520.5387
Sean J. Filippini
Partner
Sacramento 916.520.5430
Amy R. Higuera
Partner
San Francisco 415.848.4836
Tyler J. Horn
Senior Associate
Stockton 209.472.3978
Sacramento 916.444.1000
Christopher Miles Kolkey
Christopher Miles Kolkey
Partner
Clients rely on Christopher Kolkey to navigate them through the complex channels of litigation and to be a passionate advocate for them. Christopher takes a client-tailored approach to litigation, assessing the needs and goals of each case as a key driver in litigation strategy.
Sacramento 916.520.5320
Partner
Sacramento 916.520.5320
Michael J. Laino
Michael J. Laino
Senior Associate
Since joining Downey Brand in 2019, Michael Laino has represented businesses and individual clients in a wide arrange of civil litigation matters, including partnership and shareholder disputes, construction and product defect litigation, wildfire liability, adversary proceedings in bankruptcy cases, financial security matters, and general real estate and contractual litigation.
Sacramento 916.520.5360
Senior Associate
Sacramento 916.520.5360
Francesca Leonelli
Francesca Leonelli
Associate
Francesca is a dual qualified attorney licensed to practice in Italy and California. Her practice focuses on cross-border and domestic commercial real estate transactions involving the acquisition, disposal, financing and development of different asset classes.
Sacramento 916.520.5458
Associate
Sacramento 916.520.5458
Kathryn L. Oehlschlager
Partner
San Francisco 415.848.4820
John Oehmke
John Oehmke
Of Counsel
John Oehmke has been helping his clients buy and sell businesses for more than twenty years. He primarily helps them structure transactions, whether it is a merger, asset deal, or a stock deal, representing both the buyer as they add new businesses and the seller as they exit.
Sacramento 916.520.5480
Of Counsel
Sacramento 916.520.5480
Robert P. Soran
Partner
Sacramento 916.520.5364
M. Max Steinheimer
Of Counsel
Stockton 209.472.3926
Sacramento 916.444.1000
Jennifer L. Williams
Jennifer L. Williams
Counsel
Regional public entities, businesses, sole proprietorships, and individuals have benefited from Jenny Williams's legal counsel. In today's challenging economic climate, an increase in case filings have reduced the court's availability to hear oral arguments and resulted in significant delays in obtaining trial dates.
Stockton 209.472.3918
Counsel
Stockton 209.472.3918
Sacramento 916.444.1000
Announcements
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March 8, 2021Real Estate Partner Marc Centor Joins Downey Brand’s San Francisco Office
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March 5, 2021Christopher Kolkey Selected to Leadership Sacramento Class of 2021
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January 15, 2020Downey Brand Names Two New Partners
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December 13, 2019Downey Brand Welcomes Brenda Bass to Natural Resources Practice in Sacramento
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July 1, 2019Downey Brand Welcomes New Counsel Kelly Breen
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June 7, 2019Downey Brand Welcomes New Litigation Attorney Michael J. Laino
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December 12, 2018Downey Brand Welcomes Two New Associates to its Sacramento Office
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January 6, 2017Downey Brand Names New Partners and Counsel
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April 20, 2016Announcing CEQA Chronicles
A Blog Focusing on Environmental Review Under the California Environmental Quality Act -
January 1, 2015Downey Brand Elects Four New Partners
In the News
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June 27, 2023CA Supreme Court agrees to review if courts can demolish UC Berkeley student housing plans over ‘noise’
Northern California Record
Speaking Engagements / Events
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November 19, 2024BPC Briefing: 2024 CEQA and Regulatory Update
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August 5, 2022Navigating California’s Unique Legal, Permitting, and Environmental Risks for Offshore Wind
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March 16, 2021Defensible Spaces: How Updates to State and Local Codes Aim to Achieve Wildfire Prevention in California
Environment, Land Use and Real Estate Section of the BASF Barristers Club -
November 19, 2020BPC Expert Briefing: CEQA Update 2020
Bay Planning Coalition's 8th Annual CEQA Update -
November 11, 2020CEQA and Environmental Impact Reports: 2020 Cases, Standards, Mitigation Measures, Exemptions and Lead Agencies
Strafford Webinars -
November 18, 2019BPC Expert Briefing: CEQA Update 2019
Bay Planning Coalition's 7th Annual CEQA Update -
November 27, 20182018 ACWA Legal Briefing & CLE Workshop Presented by Downey Brand LLP
ACWA 2018 Fall Conference & Exhibition -
November 2, 2016Legal Updates in the Construction Industry
Presenter, Building Opportunity Conference -
April 27, 2016Construction Law 101: Covering the Basics
Presenter, Metro Chamber 2016 Seminar Series
Legal Alerts
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July 12, 2023California Infrastructure Plan Passes; Governor’s CEQA and Species Reforms are Narrowed, but Signed into Law
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November 10, 2021Congress Passes $1.2 Trillion Bipartisan Infrastructure Legislation
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April 16, 2020CalEPA Issues Statement on Enforcement and Compliance Requirements During COVID-19 Pandemic
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April 13, 2020USEPA Issues Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19
Downey Brand COVID-19 News and Updates Environmental Law -
April 8, 2020Sacramento County Health Officer Extends Stay at Home Order through May 1, 2020; Additional Clarifications for Essential Businesses
Downey Brand COVID-19 News and Updates Public Agency -
March 23, 2020UPDATED: Additional Guidance Provided on Critical Infrastructure Worker Designations in Wake of Statewide Order to Stay Home
Downey Brand COVID-19 News and Updates Public Agency -
March 20, 2020Statewide Order to Stay Home Prompts Questions Regarding Critical Infrastructure and Worker Classifications
Downey Brand COVID-19 News and Updates Public Agency -
September 10, 2019State Wetland Definition and Procedures for Discharges of Dredge or Fill Material to Waters of the State Becomes Effective on May 28, 2020
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March 2015SB 854 Public Bid Requirements Take Effect March 1, 2015
Construction Law -
October 8, 2014California Legislature Clarifies and Expands Prevailing Wage Laws
Employment Law -
April 2012Changes are Coming
Construction Law
Publications
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May 2023Ninth Circuit Finds FAA Failed to Take Requisite ‘Hard Look’ Under NEPA at Noise Impacts From Airport Terminal Replacement Project
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 3, Number 8 -
March 2023Tenth Circuit Finds BLM Needs to Take a Hard Look Under NEPA for New Mexico Fracking Permits
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 3, Number 6 -
January 10, 2022The $1.2 Trillion Infrastructure Legislation Provides Key Funding and NEPA Streamlining for Key Environmental and Infrastructure Projects
Environmental, Energy, & Climate Change Law and Regulation Reporter, Volume 2, Number 4 -
August/September 2021District Court Pulls the Plug on California Restaurant Association Challenge to City’s Ban on Natural Gas Infrastructure in New Construction
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 1, Number 11
Blogs
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February 21, 2023Court Finds Use of Addendum Improper as Project’s GHG Emissions Likely Outside the Scope of Prior Programmatic EIR and Unusual Circumstances Exception Applied to Use of Infill Exemption
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January 17, 2023Approval Upheld for Lafayette Affordable Housing Project Delayed for a Decade
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January 20, 2023Design Changes to State Capitol Renovation Revealed in FEIR Did Not Adequately Allow for Public Input or Informed Decision-Making
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January 5, 2023First District Affirms Denial of Anti-SLAPP Motion in a Malicious Prosecution Action Filed Against CEQA Petitioner’s Attorney
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December 29, 2022Construction of 90-Foot-Tall Lights at Athletic Field Not Categorically Exempt as either an Existing Facility or Construction of a Small Structure
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December 21, 2022Court Finds Site Visits and Reports Taken Before and After Issuance of NOP Adequate for Establishing Biological Resources Baseline, EIR’s Emergency Evacuation Analysis Upheld
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May 23, 2022First District Invalidates Garaventa Hills EIR for Improperly Classifying No-Project Alternative of Preserving Residentially-Zoned Land as Infeasible
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December 20, 2021California Enacts More Than Two Dozen Laws This Year to Combat Housing Crisis
CEQA Chronicles